- DEFINITIONS In this Contract the
following terms have the definitions shown next to them:
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"BRITCLICK TELECOM" |
|
Britclick Telecommunications of 40 Huddersfield Road, Meltham,
Huddersfield, HD9 4AG |
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"PTO's Network" |
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means the telecommunication systems run by any PTO other than
the Britclick Telecommunications Network; |
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"BRITCLICK TELECOM Equipment" |
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equipment (including any software) placed by BRITCLICK TELECOM
at the Premises to provide the Service. |
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"Call" |
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a signal, message or communication that is silent, spoken or
visual. |
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"Call Diversion" |
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diverting incoming Calls to another fixed line or mobile
telephone number as set out in the Service Guarantee. |
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"Conditions" |
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these terms and conditions for BRITCLICK TELECOM's business
service. |
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"Contract" |
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these Conditions, the Service Guarantee and the Price List.
This Contract begins on the date that BRITCLICK TELECOM accepts the
Customer's request for the Service. |
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"Customer" |
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the person with whom BRITCLICK TELECOM contracts to provide the
Service. |
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"Customer Equipment" |
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equipment that is not part of BRITCLICK TELECOM's network and
which the Customer uses or plans to use with the Service. |
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"Minimum Period" |
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the first 12 months of the Service, (or any other period shown
in the Price List). |
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"Premises" |
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the place at which BRITCLICK TELECOM agrees toprovide the
Service. |
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"Service Guarantee" |
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the guarantee set out in paragraph 19. |
2. PROVIDING THE SERVICE
| 2.1 |
BRITCLICK TELECOM will provide the Service by the date agreed
with the Customer. Sometimes, BRITCLICK TELECOM will agree the date
following a survey of the Premises. |
| 2.2 |
Occasionally, for operational reasons, BRITCLICK TELECOM may
have to change the codes or the numbers given to the Customer, or
interrupt the Service. BRITCLICK TELECOM will restore the
interrupted Service as quickly as possible. |
| 2.3 |
The Customer accepts that occasionally BRITCLICK TELECOM will
provide instructions regarding the Service. The Customer must follow
these instructions. |
| 2.4 |
BRITCLICK TELECOM may take instructions from a person who it
thinks, with good reason, is acting with the Customer's permission. |
3. PHONE BOOK AND DIRECTORY ENTRIES
| 3.1 |
The Service includes a telephone number. This
number will be put in the appropriate PTO's network Phone Books,
together with the Customer's details, and made available from PTO's
network Directory Enquiries Service unless the Customer requests
otherwise. |
| 3.3 |
The Customer accepts that occasionally BRITCLICK
TELECOM will provide instructions regarding the Service. The
Customer must follow these instructions. |
| 2.4 |
The Customer does not own any number nor has any
right to sell or to agree to transfer any number provided to it by
BRITCLICK TELECOM. |
4. MANAGING THE SERVICE
| 4.1 |
If the Customer reports a fault in the Service,
BRITCLICK TELECOM will respond in line with the level of repair
service the Customer has chosen. |
| 4.2 |
If BRITCLICK TELECOM agrees to work outside the
hours covered by the repair service the Customer has chosen, the
Customer must pay BRITCLICK TELECOM's additional charges for doing
so. |
| 4.3 |
BRITCLICK TELECOM provides a Service Guarantee. If
BRITCLICK TELECOM is late in providing the Service, or repairing a
Service Failure, the Customer may be entitled to a Call Diversion or
to claim compensation under the Service Guarantee. |
| 4.4 |
If the Customer reports a fault and BRITCLICK
TELECOM finds that there is none, or that the Customer has caused
the fault, BRITCLICK TELECOM may charge the Customer for any work as
set out in the Price List. |
5. MONITORING CALLS BRITCLICK TELECOM
|
monitors and records calls relating to customer
services and telemarketing. BRITCLICK TELECOM does this for training
purposes and to improve the quality of its customer services.
BRITCLICK TELECOM also records all calls to the 999 or 112 service. |
6. ACCESS TO AND PREPARING THE PREMISES
| 6.1 |
The Customer agrees to prepare the Premises
according to any instructions BRITCLICK TELECOM may give, and
provide BRITCLICK TELECOM with reasonable access to the Premises. |
| 6.2 |
When BRITCLICK TELECOM's work is completed, the
Customer will also be responsible for putting items back and for any
re-decorating which may be needed. |
| 6.3 |
If BRITCLICK TELECOM needs to cross other people's
land, or put BRITCLICK TELECOM Equipment on their property (for
example a neighbour or landlord), the Customer agrees to obritclick
telecomain their permission. |
| 6.4 |
BRITCLICK TELECOM will meet the Customer's
reasonable safety and security requirements when on the Premises and
the Customer agrees to do the same for BRITCLICK TELECOM. |
| 6.5 |
The Customer agrees to provide, at its expense, a
suitable place and conditions for BRITCLICK TELECOM Equipment and
where required a continuous mains electricity supply and connection
points. |
| 6.6 |
The Customer agrees to look after any BRITCLICK
TELECOM Equipment and to pay for any repair or replacement needed if
it is damaged, unless it is due to fair wear and tear, or is caused
by BRITCLICK TELECOM or anyone acting on BRITCLICK TELECOM's behalf.
BRITCLICK TELECOM will look after the Customer's physical property
as set out in paragraph 12.2. |
7. CUSTOMER EQUIPMENT
| 7.1 |
If the Customer wishes to connect Customer
Equipment to BRITCLICK TELECOM's network other than by using a
BRITCLICK TELECOM main telephone socket, the Customer must get
BRITCLICK TELECOM's permission. |
| 7.2 |
Any Customer Equipment must be:
| (a) |
technically compatible with the Service and not
harm BRITCLICK TELECOM's network or another customer's
equipment; and |
| (b) |
connected and used in line with any relevant
instructions, standards or laws. |
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8. MISUSING THE SERVICE
| 8.1 |
Nobody must use the Service: |
|
| (a) |
to make offensive, indecent, menacing, nuisance
or hoax Calls; or |
| (b) |
fraudulently or in connection with a criminal
offence. The Customer agrees to take all reasonable steps to
make sure that this does not happen. The action BRITCLICK
TELECOM can take if this happens is explained in paragraph 11.
If a claim is made against BRITCLICK TELECOM because the Service
is misused in this way, the Customer must reimburse BRITCLICK
TELECOM in respect of any sums BRITCLICK TELECOM is obliged to
pay. |
|
| 8.2 |
The Customer accepts that nobody must advertise the
phone number for the Service in or on a B T's phone box without
BRITCLICK TELECOM's and/or B T's consent. If this happens, BRITCLICK
TELECOM may suspend the Service or end this Contract, but BRITCLICK
TELECOM will write to the Customer before taking this action. |
9. CHARGES AND DEPOSITS
| 9.1 |
The Customer agrees to pay all charges for the
Service as shown in the Price List (or as otherwise agreed) and
calculated using the details recorded by BRITCLICK TELECOM. |
| 9.2 |
Unless paragraph 9.4 applies, rental charges will
normally be invoiced monthly in advance, and call charges will
normally be invoiced monthly in arrears. Where possible the charges
will appear on the Customer's next invoice but sometimes there may
be a delay. |
| 9.3 |
BRITCLICK TELECOM will send its first invoice
shortly after providing the Service, and then at regular intervals,
usually every month. Sometimes BRITCLICK TELECOM may send
theCustomer an invoice at a different time. |
| 9.4 |
If the Customer orders a temporary Service,
BRITCLICK TELECOM may invoice the Customer for the rental charge in
advance for the whole period of the temporary Service. |
| 9.5 |
BRITCLICK TELECOM will send invoices for the
Service to the address requested by the Customer. |
| 9.6 |
The Customer agrees to pay all charges for the
Service whether the Service is used by the Customer or someone else
and upon receipt of BRITCLICK TELECOM's invoice. |
| 9.7 |
In some cases the Customer may need to pay a
deposit or provide a guarantee as security for paying future
charges. |
10. CANCELLING OR ENDING THIS CONTRACT
| 10.1 |
The Customer may cancel this Contract or any part
of the Service at any time before BRITCLICK TELECOM provides the
Service. In this event the Customer must pay BRITCLICK TELECOM for
any work done or money spent in getting ready to provide the
Service. BRITCLICK TELECOM will take reasonable steps to limit the
amount of its costs. |
| 10.2 |
This Contract can be ended by:
| (a) |
the Customer on seven days written notice to
BRITCLICK TELECOM; or |
| (b) |
BRITCLICK TELECOM on one month's written notice
to the Customer. |
|
| 10.3 |
If this Contract ends during the Minimum Period the
Customer must pay BRITCLICK TELECOM the early termination charge
shown in the Price List. This is not the case if the Customer does
so because BRITCLICK TELECOM increases its charges, or changes the
Conditions in either case to the Customer's significant
disadvantage. |
| 10.4 |
If this Contract ends, BRITCLICK TELECOM will
refund any money owed to the Customer, after first deducting any
money the Customer owes to BRITCLICK TELECOM under this Contract or
any other agreement BRITCLICK TELECOM has with the Customer. |
11. IF THE CUSTOMER BREAKS THIS CONTRACT
| 11.1 |
BRITCLICK TELECOM can suspend the Service or end
this Contract (or both) at any time without notice if one of the
following applies:
| (a) |
the Customer on seven days written notice to
BRITCLICK TELECOM; or |
| (b) |
BRITCLICK TELECOM on one month's written notice
to the Customer. |
| (c) |
bankruptcy or insolvency proceedings are
brought against the Customer; or if the Customer does not make
any payment under a judgement of a Court on time, or makes an
arrangement with its creditors; or a receiver, an administrative
receiver or an administrator is appointed over any of its
assets; or the Customer goes into liquidation; or a
corresponding event under Scottish law. |
|
| 11.2 |
If the Customer does not pay a bill, BRITCLICK
TELECOM will generally not suspend the Service or end this Contract
until 21 days after the payment was due. However, sometimes
BRITCLICK TELECOM may take this action after only 14 days.
|
| 11.3 |
If the Service is suspended, BRITCLICK TELECOM will
tell the Customer what needs to be done before it can be
re-instated. However the Customer must continue to pay rental
charges whilst this Contract continues. |
| 11.4 |
If either party delays in acting upon a breach of
this Contract that delay will not be regarded as a waiver of that
breach. If either party waives a breach of this Contract that waiver
is limited to that particular breach. |
12. LIMITS OF LIABILITY
| 12.1 |
BRITCLICK TELECOM accepts unlimited liability for
death or personal injury resulting from its negligence.
|
| 12.2 |
BRITCLICK TELECOM accepts liability for loss or
damage to the Customer's physical property arising from its
negligence, up to £2 million in any 12 month period.
|
| 12.3 |
BRITCLICK TELECOM cannot guarantee that the Service
will never be faulty. However, BRITCLICK TELECOM accepts liability:-
| (a) |
if it is late in providing the Service or
repairing a Service Failure as set out in the Service Guarantee;
and |
| (b) |
for reasonably foreseeable losses arising from
intermittent faults in the Service, if it is negligent.
BRITCLICK TELECOM will pay up to a total of £6,000 for each
line affected and subject to an overall total of £25,000
for the same failure or series of related failures. |
|
| 12.4 |
Unless BRITCLICK TELECOM is negligent, BRITCLICK
TELECOM's only liability under this Contract is as set out in the
Service Guarantee. |
| 12.5 |
Unless the Service Guarantee or paragraph 12.3b)
says otherwise, BRITCLICK TELECOM is not liable to the Customer for
any loss of business, revenue, profit or expected savings, wasted
expense, financial loss or data. being lost or corrupted or for any
loss that could not have been reasonably foreseen. |
| 12.6 |
Unless paragraphs 12.1 and 12.2 apply, BRITCLICK
TELECOM's liability to the Customer in contract, tort (including
negligence) or otherwise in relation to this Contract is limited to
£1 million in any 12 month period. |
| 12.7 |
Each provision of this Contract that excludes or
limits BRITCLICK TELECOM's liability operates separately. If any
part is disallowed or is not effective, the other parts willstill
apply. |
13. MATTERS BEYOND BRITCLICK TELECOM'S REASONABLE CONTROL
| 13.1 |
Sometimes BRITCLICK TELECOM may be unable to do
what it has agreed because of something beyond its reasonable
control. |
| 13.2 |
If this happens, BRITCLICK TELECOM is not liable to
the Customer. However, BRITCLICK TELECOM will try to provide Call
Diversion to the Customer. If BRITCLICK TELECOM cannot do this then
the Customer is entitled to a rental refund for any whole or part
day, that there is a Service Failure.
|
| 10.3 |
If this Contract ends during the Minimum Period the
Customer must pay BRITCLICK TELECOM the early termination charge
shown in the Price List. This is not the case if the Customer does
so because BRITCLICK TELECOM increases its charges, or changes the
Conditions in either case to the Customer's significant
disadvantage. |
| 10.4 |
If this Contract ends, BRITCLICK TELECOM will
refund any money owed to the Customer, after first deducting any
money the Customer owes to BRITCLICK TELECOM under this Contract or
any other agreement BRITCLICK TELECOM has with the Customer. |
| 14. RESOLVING DISPUTES BRITCLICK TELECOM |
| will try to resolve any disputes with the Customer. However, if
the parties cannot agree, the Customer may refer the dispute to any
recognised dispute resolution service. Details of these and how to
refer a dispute are set out in BRITCLICK TELECOM's Code of Practice
for consumers and small businesses. |
15. CHANGES TO THIS CONTRACT
| 15.1 |
BRITCLICK TELECOM can change the Conditions
(including the charges) at any time. |
| 13.2 |
If this happens, BRITCLICK TELECOM is not liable to
the Customer. However, BRITCLICK TELECOM will try to provide Call
Diversion to the Customer. If BRITCLICK TELECOM cannot do this then
the Customer is entitled to a rental refund for any whole or part
day, that there is a Service Failure.
|
| 10.3 |
If this Contract ends during the Minimum Period the
Customer must pay BRITCLICK TELECOM the early termination charge
shown in the Price List. This is not the case if the Customer does
so because BRITCLICK TELECOM increases its charges, or changes the
Conditions in either case to the Customer's significant
disadvantage. |
| 10.4 |
If this Contract ends, BRITCLICK TELECOM will
refund any money owed to the Customer, after first deducting any
money the Customer owes to BRITCLICK TELECOM under this Contract or
any other agreement BRITCLICK TELECOM has with the Customer. |
| 16. TRANSFERRING THIS CONTRACT |
| The Customer cannot transfer or try to transfer this Contract,
or any part of it, to anyone else. |
| 17. THIRD PARTY RIGHTS |
The parties agree that the terms of this Contract are not
enforceable by a third party under the Contracts (Rights of Third
Parties) Act 1999.
|
| 18. NOTICES |
If the parties need to write to each other they must do so as
follows:-
| (a) |
to BRITCLICK TELECOM at the address shown on
the bill or any address which BRITCLICK TELECOM provides to the
Customer; |
| (b) |
to the Customer at the address to which the
Customer asks BRITCLICK TELECOM to send invoices, the address of
the Premises or, if the Customer is a limited company, its
registered office. |
|
19. THE SERVICE GUARANTEE
| 19.1 |
BRITCLICK TELECOM'S GUARANTEE.
| 19.1.1 |
BRITCLICK TELECOM guarantees:
| (a) |
to provide the Service by the date agreed
with the Customer as described in paragraph 2.1; |
| (b) |
to repair a Service Failure in line with
the repair service the Customer has chosen. For standard
service this means by midnight on the first weekday (not
including public and bank holidays) after the day the fault
is reported to BRITCLICK TELECOM; |
| (c) |
not to disconnect the Service by mistake;
and |
| (d) |
to keep any appointment BRITCLICK TELECOM
makes with the Customer under this Contract. |
|
| 19.1.2 |
If BRITCLICK TELECOM is late in providing the
Service or repairing a Service Failure, the Customer may choose
either:
| (a) |
a Call Diversion - as described in
paragraph 19.2 . This is only available if it is reasonably
practicable, and technical restrictions may sometimes
prevent BRITCLICK TELECOM from offering this option; or |
| (b) |
compensation - the Customer may choose
either fixed rate compensation or actual financial loss (as
described in paragraph 19.3 ). |
|
| 19.1.3 |
If BRITCLICK TELECOM disconnects the Service by
mistake, the Customer may claim compensation only (either fixed
rate compensation oractual financial loss) as described in
paragraph 19.3, from the date ofdisconnection. |
| 19.1.4 |
If BRITCLICK TELECOM does not keep an
appointment, the Customer may claim a specified sum, as shown in
the Price List. |
|
| 19.2 |
CALL DIVERSION
| 19.2.1 |
If BRITCLICK TELECOM provides Call Diversion,
BRITCLICK TELECOM will divert the Customer's incoming Calls, on
request, to another fixed line or mobile telephone number of the
Customer's choice. Once BRITCLICK TELECOM has provided the
Service or repaired a Service Failure, BRITCLICK TELECOM will
cancel the Customer's Call Diversion
|
| 19.2.2 |
The number chosen must be a UK number, but
there are some number ranges to which BRITCLICK TELECOM will not
divert the Customer's Calls (for example, 0800 and 0870
numbers).
|
| 19.2.3 |
If BRITCLICK TELECOM diverts the Customer's
Calls to a mobile number, the person calling the Customer will
not have to pay extra costs for making that Call. |
| 19.2.4 |
In addition to providing a Call Diversion, for
each line affected, BRITCLICK TELECOM will pay the Customer,
upon request, as shown in the Price List:
| (a) |
a rental rebate for each whole or part day
BRITCLICK TELECOM is late in repairing a Service Failure;
and
|
| (b) |
if the Customer's Calls are diverted to a
mobile number, a call allowance for each whole or part day
BRITCLICK TELECOM is late in providing the Service or
repairing a Service Failure. If the Customer's losses are
greater than these amounts the Customer may also claim
actual financial loss as described in paragraph 19.3.
However, this does not apply to any extra mobile call
charges the Customer incurs within five days of BRITCLICK
TELECOM not keeping its guarantee. |
|
|
| 19.3 |
COMPENSATION
The choice of compensation
| 19.3.1 |
Fixed rate compensation is the compensation
BRITCLICK TELECOM will pay to the Customer at fixed rates (shown
in the Price List) for each line affected by BRITCLICK TELECOM
not keeping its guarantee. If the Customer claims this, it does
not have to prove its loss.
|
| 19.3.2 |
Actual financial loss is the amount the
Customer has lost that is reasonably foreseeable as a result of
BRITCLICK TELECOM not keeping its guarantee. If the Customer
claims this, it will have to show BRITCLICK TELECOM proof of its
loss. The limits on compensation
|
| 19.3.3 |
If the Customer chooses compensation, the
amount BRITCLICK TELECOM will pay is limited to:-
| (a) |
fixed rate compensation – compensation
for up to 10 whole or part days for each line affected at
the rates shown in the Price List; or
|
| (b) |
actual financial loss – up to a total
of £6,000 for each line affected, and subject to an
overall total of £25,000 for the same failure or series
of related failures. |
|
|
| 19.4 |
PAYMENT OF CLAIMS BRITCLICK TELECOM
will pay actual financial loss payments by cheque. BRITCLICK
TELECOM will deduct any other amounts that BRITCLICK TELECOM owes to
the Customer under this guarantee from the Customer's next phone
bill, unless the Customer asks for payment by cheque.
|
| 19. 5 |
APPLICATION OF THIS GUARANTEE
| 19.5.1 |
This guarantee applies to the Service,
including generally any related services BRITCLICK TELECOM
provides to the Customer. However, its application to some of
the related services may vary as shown in the Price List.
|
| 19.5.2 |
This guarantee does not apply if:
| (a) |
someone, other than BRITCLICK TELECOM, has
caused the fault,
|
| (b) |
BRITCLICK TELECOM asks for access to the
Premises and the Customer does not allow this, or |
| (c) |
BRITCLICK TELECOM reasonably asks for other
help and the Customer does not provide it. |
|
|
| 19.6 |
MAKING A CLAIM
| 19.6.1 |
The Customer must make any claim within four
months of BRITCLICK TELECOM putting things right. For actual
financial loss, the Customer must claim in writing, using a
claim form.
|
| 19.6.2 |
BRITCLICK TELECOM's contact phone number and
address are shown on the Customer's bill.
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