|
1. Definitions
|
"Charges" means
charges to be paid by You calculated according to the prices
and rates set out in our Price Lists or otherwise notified
to You; |
|
"Code of Practice"
means our code of practice for consumer affairs
available on request; |
|
"Customer Provided Apparatus"means
any apparatus (not being Equipment) provided and used by You
in order to use the Services; |
|
"Equipment"
means any line, desk top converter or other equipment or
apparatus provided by Us as an essential part of providing
Services under the terms of this Agreement; |
|
"Britclick Telecommunications
Licences" means the licences issued by the
Secretary of State under the Telecommunications Act 1984
which apply to the Britclick Telecom Network; |
|
"Britclick
Telecommunications Network" means the
telecommunication systems run by Us or any associated
company (as principal or agent) from time to time under
the terms of the Britclick Telecom Licences; |
|
"PIN" means
Personal Identification Number; |
|
"Price Lists"
means the material published by Us from time to time which
includes the prices and rates for the Services and
Equipment We offer including the usage rates for the
Services; |
|
"PTO" means
any person to whom a licence is granted under section 7 of
the Telecommunications Act 1984; |
|
"PTO's Network"
means the telecommunication systems run by any PTO other
than the Britclick Telecommunications Network; |
|
"Services"
means the Telephone Service and/or the Television Service
provided to You under this Agreement whether directly from
the Britclick Telecommunications Network or indirectly by
means of a PTO's Network linked to the Britclick
Telecommunications Network; |
|
"Starter Pack"
means our basic telephone and/or TV package or any
replacement or variation (whether under the same name or any
other name); |
|
"Telephone Service"
means the telecommunications services provided to You
under this Agreement; |
|
"Television Service"
means the television programming services and/or audio
services provided to You under this Agreement; |
|
"User Policy"
means any user policy We issue from time to time in
relation to the Services which You can view on your
television or computer screen; |
|
"Us" or
"We" means the company named
in our agreement with You; |
|
"You" means the
customer(s) We make this agreement with and includes a
person who We reasonably believe is acting with your
authority or knowledge. |
|
|
2. Provision of Services
| 2.1 |
We shall provide and You shall use the
Services and/or the Equipment subject to the terms of this
Agreement which must have been signed by our authorised
representative before it is binding. We will provide the
Services to You from the date We activate them and will
continue to do so unless this Agreement is terminated as set
out below. |
|
|
| 2.2 |
The terms of this Agreement will apply
jointly and severally to all those agreeing to take Services
under this Agreement, and the word "You" shall be
understood accordingly. |
|
|
3. Duration
| 3.1 |
We shall provide and You shall use the
Services and/or the Equipment subject to the terms of this
Agreement which must have been signed by our authorised
representative before it is binding. We will provide the
Services to You from the date We activate them and will
continue to do so unless this Agreement is terminated as set
out below. |
|
|
| 3.2 |
For all additional Services (unless
otherwise stated in our Price Lists) the minimum period of
service is one month and either You or Us may terminate this
Agreement to the extent that it relates to such Services on
one month's written notice.
|
|
4. Use of Services and Equipment
You must use the Services and/or the Equipment according to any
reasonable instructions which We give You in writing from time
to time. Any other use is prohibited. You will be responsible
for any, claims, losses damages or costs incurred by Us arising
out of or in any way connected with your use or misuse of the
Services and/or the Equipment except where the loss or damage is
caused by Us or our employees, a manufacturing or design fault
or fair wear and tear.
|
|
5. Access and Installation
| 5.1 |
Our obligation to provide the Services and
Equipment depends on our obtaining the necessary wayleaves,
consents, or other permissions to enable Us to provide You
with the Services. You are responsible for obtaining such
wayleaves, consents or other permissions before
installation. We shall be under no liability whatsoever to
You if they cannot be obtained. |
|
|
| 5.2 |
Our obligation to provide the Services and
Equipment is also subject to survey. Before installing the
Services at your premises, We may carry out a survey of your
premises. If the survey shows that the Services cannot be
installed at your premises or that a non-standard
installation is required to enable Us to provide the
Services, Britclick Telecom may cancel any agreed
installation date and terminate this Agreement. We will do
our best to notify You of this as soon possible after the
survey. We shall be under no liability whatsoever to You for
any failure to provide the Services in these circumstances,
however We will refund to You any sums You have already paid
to Us for installation and/or the Services. |
| 5.3 |
Unless Conditions 5.1 or 5.2 apply, We will
use all reasonable efforts to meet any date which We agree
with You for installation and/or activation of the Services
and/or Equipment. |
|
|
6. Charges and Payment
| 6.1 |
You must pay all the Charges for the
provision of Services and/or Equipment, for which We bill
You (whether You use the Services or someone else does),
together with any Value Added Tax and any other taxes (at
applicable rates from time to time) which apply in relation
to any Charges payable under this Agreement. You must pay
your bill by the date specified in your bill. You will be
liable for the Charges from the day on which We first make
the Services available to You unless We notify You
otherwise. |
| 6.2 |
We may vary our Charges from time to time
but will publish any change in our main offices prior to the
change taking effect. We will however do our best to give
reasonable advance notice of any increase in our charges
which is likely to substantially increase the charges
payable by a significant proportion of our customers. Your
rights to cancel the Services if We increase our Charges are
set out in Condition 20.1(i). If You request a change to
the Services supplied to You, We may need to alter the
Charges to reflect those changes. |
| 6.3 |
You are required to pay your bills in full
using the method You have chosen in this Agreement or as We
have otherwise agreed. You will allow Us to recover the
Charges under any direct debit/credit card instruction You
have given Us. If You have chosen to pay by monthly direct
debit and your bank or building society is unable to make
payment in any one month We will contact You. We reserve the
right to immediately cancel any direct debit facility and
demand a different method of payment. If You have agreed to
pay by direct debit but then do not maintain payments by
this method We may charge You an administration charge. |
| 6.4 |
If You do not make your payments on time We
may withdraw any discount We have given to You for payment
in advance or payment by a particular means (e.g.
credit/debit card). We may also charge daily interest on
amounts not paid until We receive your payment in full at a
rate equal to 4% each year above the Base Lending Rate of
Lloyeds TSB Bank Plc whether before or after Judgement.
Interest will continue to accrue even if the Agreement has
been terminated, as long as this termination is not due to a
breach by Us. |
| 6.5 |
Nowtalk Plans are only available for
residential customers for the avoidance of doubt;
Nowtalk-24, Nowtalk-International and/or Nowtalk 5p if, at
any time, your usage of the Nowtalk Plans does not accord
with that reasonably expected of a residential customer, you
will
| (i) |
no longer be considered a residential
customer;
|
| (ii) |
have your access to the Nowtalk-24 or
Nowtalk 5p Calls Plan (as applicable) suspended in
accordance with the terms of this Contract; or
|
| (iii) |
be changed and billed in accordance
with our then applicable Starter Pack (Britclick
Standard). We will inform you before we switch you, in
accordance with our then applicable Starter Pack
(Britclick Standard) under this Clause 6.5. |
If payment has not be recieved within the seventh
day from the invoice date, Nowtalk plan will automaticaly be
stopped/canceled and the You will be transferred back to our
Starter Pack (Britclick Standard) under this Clause 6.5,
19.1. |
|
|
7. Deposits and Account Limit
| 7.1 |
If We conduct a check of your credit
worthiness and the results of that check do not satisfy Us
or if We reasonably decide that all our customers or a
certain category of our customers must pay a deposit, We may
require You to pay a deposit of a reasonable amount
determined by Us. |
| 7.2 |
We may:
| (i) |
use all or part of your deposit to
settle amounts due under this Agreement which are 14
days overdue, including, without limitation, any amount
due for the replacement value and/or costs of repair of
the Equipment under Condition 9.6;
|
| (ii) |
keep all or part of your deposit if You
do not report to Us the unauthorised reception of
channels or programmes; or
|
| (iii) |
keep all or part of your deposit if
anyone tampers with the Equipment. |
|
| 7.3 |
We will repay any deposit held (or the
balance of any deposit where any part of it has been
applied by Us in accordance with Condition 7.2) to You:
|
| 7.4 |
We may require You to increase the level
of the deposit held by Us or require a further deposit
from You of a reasonable amount at any time if:
| (i) |
in our reasonable opinion We believe
that your financial circumstances have substantially
changed since You signed this Agreement;
|
| (ii) |
You are persistently late in making
your payments to Us;
|
| (iii) |
We have used all or part of a deposit
in accordance with Condition 7.2; and/or
|
| (iv) |
You have exceeded your Account Limit
with Us. |
|
| 7.5 |
In the circumstances set out
in Conditions 7.1 and 7.4 We may, as well as or instead of
imposing a deposit, restrict the level of Services We
provide to You, only allow certain methods of payment and/or
impose an account limit based on the Charges We reasonably
expect You to incur on your account ("Account Limit").
We will inform You of this Account Limit. You are not
allowed to incur Charges which exceed your Account Limit
over the period notified to You. If You exceed your Account
Limit We have the right to request payment of a deposit as
provided in Condition 7.4 and if You do not pay this deposit
We may suspend the Services until You do so or We may
terminate this Agreement. |
|
|
8. Provision of Information
| 8.1 |
You are required to promptly and
accurately give Us all the information We may need so that
We can perform our obligations under this Agreement. You
must also inform Us immediately of any change to any
details You have provided to Us. It is your responsibility
to notify Us of all Customer Provided Apparatus which You
require connecting to the Services from time to time. We
shall not be liable for any expenses You incur or savings
You fail to make as a result of Customer Provided
Apparatus not being connected to the Services or as a
result of your failure to notify Us of such Customer
Provided Apparatus or any changes or extensions to the
same. |
| 8.2 |
We may share the information which You
provide with other companies through credit reference
agencies to enable them to make hire decisions and
occasionally for debt tracing and to prevent fraud.
|
|
|
9. Equipment
| 9.1 |
If any further internal cable or
Equipment is required it must be provided by Us and You
may have to pay our reasonable additional Charges.
|
| 9.2 |
You may need to prepare your premises in
accordance with our reasonable instructions before the
Equipment can be installed and Services provided to You.
|
| 9.3 |
You will provide at your cost reasonable
assistance and facilities including any electricity for
the functioning of the Equipment so that the Equipment can
be installed. You must provide a suitable place and
conditions for the Equipment. |
| 9.4 |
The Equipment belongs to Us and You must
not give anyone else any rights over it. We may add to or
substitute it if We have a valid reason. |
| 9.5 |
Nobody other than an Britclick Telecom
representative may tamper, add to, modify or interfere
with the Equipment in any way. As well as any other rights
We may have, such action may result in our suspending the
Services, terminating the Agreement and/or our retaining
the whole or a part of any deposit. |
| 9.6 |
From the time We deliver the Equipment
to You until You return the Equipment to Us, You are
responsible for any loss or damage to the Equipment except
if such loss or damage is:
| (i) |
caused by Us or our employees;
|
| (ii) |
due to a manufacturing or design fault;
or |
| (iii) |
due to fair wear and tear. |
You will be invoiced for the cost of replacing the
Equipment and/or the costs of repair for loss or damage for
which You are responsible under this Condition. Therefore
You should insure the Equipment.
|
|
|
10. Faults and Matters Affecting the
Services
| 10.1 |
We cannot guarantee that the Services will
be fault free. If a fault occurs You should notify Us by
contacting our customer management centre. |
| 10.2 |
We are responsible for the maintenance of
the Equipment and the Britclick Telecom Network.
|
| 10.3 |
Where We supply the Services to You via
your existing connection to another PTO's Network it is your
responsibility to maintain your connection to such PTO's
Network and We shall not be responsible or liable to You for
failing to provide the Services if such failure arises as a
result of any interruption to or disconnection from the
PTO's Network or because of failure or inadequacy in any
Customer Provided Apparatus. |
| 10.4 |
We may have to:
| (i) |
change the code or technical
specifications of the Services for operational reasons;
|
| (ii) |
interrupt or suspend the Services due
to an emergency, for the purposes of repair,
maintenance, improvement or because of operational
reasons;
|
| (iii) |
give instructions to You which We
believe are necessary for health or safety or for the
quality of the Services provided to You or to other
customers; or
|
| (iv) |
charge You for work carried out by Us
to locate or repair faults caused by or associated with
the Customer Provided Apparatus or any other PTO's
Network. |
|
| 10.5 |
If it is necessary for the Services to be
interrupted or suspended We will give You as much notice as
is reasonably practicable and restore the Services as soon
as is reasonably practicable. |
|
11. Unauthorised Reception of Channels or
Programmes
You must immediately report to Us your
unauthorised reception of any channels or programmes. As well as
any other rights We may have, failure to report unauthorised
reception of any channels or programmes immediately to Us may
result in our suspending the Services, terminating the Agreement
and/or retaining the whole or any part of any deposit.
|
|
12. Television Programming
If You request the Television
Service, We will supply it to the best of our ability. However,
television programme contents, packages of channels, programming
schedules, broadcast hours of any channel, channel allocations
and transmission times may change or channels or television
programmes may no longer be available. This may occur for
reasons beyond our control, including decisions of programme
providers or technical difficulties, or for reasons which We
were not aware of or could not have foreseen at the time the
programme was advertised or scheduled. We may also change the
channels and packaging of channels if We believe it will improve
the Television Service provided to our customers. We shall not
be liable to You for any such changes, lack of availability or
failure to transmit any advertised television programme or
channels or to do so at the advertised time.
|
|
13. Promotional Services If We supply
You with any Services, channels or programmes as part of a
promotion or for promotional purposes and whether for a charge
or otherwise We may if We wish at any time stop such supply or
change the promotional Services, channels or programmes or
package of Services, channels or programmes that We are
supplying.
|
14. Television Reception Problems
| 14.1 |
If You request the Television Service, We
will supply it to the best of our ability but We will not be
liable for interruptions, reception, picture degradation or
other problems which are beyond our reasonable control. |
| 14.2 |
If your television signal is not being
received properly then You should notify Us by contacting
our customer management centre where the problem may be
resolved over the phone or a technician may be sent out to
investigate the problem. We are not responsible for
correcting problems which are connected with the use of
Customer Provided Apparatus and in such circumstances We may
make a reasonable call out charge.
|
|
15. Unauthorised Use of Television Service
| 15.1 |
It is illegal to copy, distribute
copies, show in public or rebroadcast any part of the
television programmes or channels provided to You as part
of the Television Service without the consent of the
copyright owner. Therefore You may only use the Television
Service for private use and it must not be accessible by
the general public or in a communal viewing area. There
are some limited exceptions to these restrictions which
allow, for example, the Television Service to be viewed in
schools or copying for the purpose of time shifting for
private or domestic use. It is your responsibility to
ensure You are legally entitled to rely on such exceptions
or obtain the consent of the copyright owner before You do
so. |
| 15.2 |
We may disable or alter some functions
of the Equipment so as to stop You from copying certain
channels, programmes or Events in order to prevent the
unauthorised copying of such Services. If the Equipment
allows copying of these then We may prevent You (if We are
bound by contract to prevent such copying) receiving the
Services. |
| 15.3 |
As well as any other rights We may have,
your breach of Condition 15.1 may result in our suspending
the Services, terminating the Agreement and/or retaining
the whole or any part of any deposit. |
| 15.4 |
You will be responsible for any claims made
against Us or losses We may suffer as a result of actual or
claimed copyright infringement committed by You or any other
person in your home in relation to the Television Service. |
|
|
16. Telephone Number and Directory
| 16.1 |
If You accept the Telephone Service We will
allocate a number to your telephone line. The telephone
number and any rights in it belong to Us and You may not
sell or agree to transfer the number to any person. |
| 16.2 |
We do not provide a telephone directory
service. If You accept the Telephone Service, We will
provide your details as agreed with You to other licensed
PTO's for listing in a telephone directory service. Where
appropriate We may disclose this information to the
emergency services. We cannot accept any liability
whatsoever for a failure by the PTO to whom We provide such
information to comply with your listing request.
|
|
|
17. Fraud, Nuisance High Usage and
Prohibited Calls
| 17.1 |
Nobody may use the Services:
| (i) |
to send a message or communication
which is offensive, abusive, indecent, obscene, a
nuisance or hoax; |
| (ii) |
to cause annoyance, inconvenience or
needless anxiety; or |
| (iii) |
fraudulently or in connection with a
criminal offence;
|
As well as any other rights We may have,
if in our reasonable opinion, We believe the Services have
been used in breach of this Condition, We may suspend the
Services, terminate this Agreement and/or retain the whole
or any part of any deposit.
|
| 17.2 |
For your and our protection We can suspend
the Services if the number of calls or Charges for calls
made by You has increased to such an extent that it appears,
in our reasonable opinion, that the Services are not being
used in a manner consistent with your previous use. We will
make reasonable efforts to contact You before suspending the
services but We are not liable for any loss You may suffer
through any suspension covered by this condition. |
| 17.3 |
If We suspend the services under
condition 17.2 We will not provide them again until We are
satisfied that You know of the increased usage and that
You will pay the Charges relating to that increased usage.
We may also:-
| (i) |
ask You to pay a deposit as security
for your Charges; or |
| (ii) |
prevent You from making international
calls and/or premium rated calls if in our reasonable
opinion they form a significant proportion of your
Charges. |
|
|
|
18. Telephone Calls For internal
operational reasons or for training purposes, We may
occasionally record or silently monitor telephone calls which
You may make to our customer management centre. We will keep
these instances to a minimum.
|
|
19. Suspension of Services and Termination
| 19.1 |
As well as our other rights, We have the
right to terminate this Agreement without notice and to
claim for any losses or expenses incurred by Us or to
suspend the provision of the Services until further notice
without notifying You if:
| (i) |
You do not make payments to Us when
they are due;
|
| (ii) |
You do not perform or observe any other
obligation under this Agreement (a "breach")
and where You have breached this Agreement and that
breach can be remedied, You fail to remedy the breach
within the reasonable time specified by Us in our
written notice requiring You to do so; |
| (iii) |
a voluntary arrangement is proposed, or
a bankruptcy petition is presented or a bankruptcy order
is made against You or in Scotland You are sequestrated
or a receiver or trustee is appointed to your estate; |
| (iv) |
We have reason to believe that You have
provided Us with false, inaccurate or misleading
information either for the purpose of obtaining the
Services and/or the Equipment from Us or at any time
during the provision of the Services and/or the
Equipment; |
| (v) |
You or another person at your premises
use the Services or the Equipment, or are suspected, in
our reasonable opinion, of involvement in fraud or
attempted fraud in connection with the use of the
Services or the Equipment; |
| (vi) |
We are required to comply with an
order, instruction or request of Government, an
emergency services organisation or other competent
administration or regulatory authority;
|
| (vii) |
You do or allow anything to be done
which is in breach of our User Policy; or |
| (viii) |
We are specifically entitled to do so
under any other condition of this Agreement. |
|
| 19.2 |
Any exercise of our right to suspend the
Services shall not exclude our right to later terminate this
Agreement. We may refuse to restore the Services to You
until We receive an acceptable assurance from You that there
will be no further breach. |
| 19.3 |
You must reimburse Us all reasonable costs
and expenses incurred in any suspension and/or
recommencement of the provision of the Services and We may
charge You a reasonable reconnection charge. This will not
apply where the suspension is not due to your breach, fault,
or omission or is agreed between Us. You will continue to be
liable to pay all Charges which are due for the Services
during the period of suspension and any period in which You
do not comply with this Agreement. |
| 19.4 |
As well as your other rights, You shall
have the right to terminate this Agreement by notice to Us
in writing if We fail to perform or observe any obligation
under this Agreement and (in the case of a breach capable
of remedy) We fail to remedy the breach within the
reasonable time specified by You in your written notice
requiring Us to do so. You shall also have the right in
these circumstances to claim against Us for any losses and
expenses which directly result from such breach by Us.
|
| 19.5 |
On termination of this Agreement You shall
return all the Equipment at your cost to our offices within
14 days of the date of termination. If You do not return the
Equipment We shall be entitled to bill You and You shall be
liable to pay for the cost of replacing the Equipment, and
unless the termination is due to our breach You shall
continue to be responsible for the payment of Charges until
all the Equipment has been returned or its replacement value
paid. |
|
|
20. Cancellation Rights
You may cancel the Services without penalty
in the following circumstances:-
|
| (i) |
if We increase our Charges You may
cancel those Services in respect of which the Charges
have increased by giving Us one month's notice in
writing within 30 days of the earlier of:
| (a) |
such price increase being notified
to You under Condition 6.2; or |
| (b) |
the date of your first bill
following such price increase, irrespective of
whether the minimum period in respect of those
Services has expired. If You cancel Services under
this Condition, the increased Charges relating to
those Services will not apply to You; |
|
| (ii) |
if We significantly reduce the content
of the Services or make any significant change to the
terms and conditions of this Agreement under Condition
26(iii), You may terminate this Agreement by giving Us
one month's notice in writing within 30 days of such
change irrespective of whether the minimum period in
respect of such Services has expired. |
| (iii) |
cancellation of new line installation
must be done within writing within seven days, failure
to do so will result in full payment due. Cancellation
notice must be served by You to Us within writing via
first class post. |
|
|
|
21. Residential Use Only The Services
and the Equipment are only provided under this Agreement for
residential customers and for residential use only. The Services
or any part of them cannot be sold for money or monies worth. We
have no liability, whether due to our negligence or otherwise,
for any losses incurred by any business, trade or profession
carried on by You or any other person using the Services or the
Equipment.
|
22. Limitation of Liability
| 22.1 |
In performing any obligation under this
Agreement our only duty is to exercise the reasonable skill
and care of a competent provider of telecommunications and
television services. |
| 22.2 |
We will not, and our suppliers and
licensors will not, be liable under this Agreement for any
loss or damage which:
| (i) |
arises other than through our
negligence or the negligence of our employees agents or
contractors; or
|
| (ii) |
is not a reasonably foreseeable
consequence of our negligence; or |
| (iii) |
is any business loss including loss of
revenue, profits or anticipated savings or wasted
expense or data being lost or harmed. |
|
| 22.3 |
We do not restrict or exclude our
liability for:
| (i) |
personal injury or death directly
caused by Us or our employees whilst acting in the
course of their employment with Us;
|
| (ii) |
physical damage to your personal
property up to £100,000 due to any one event or
series of connected events where such damage is due to
our negligence or the negligence of our employees,
agents or contractors acting in the course of their
employment with Us; |
| (iii) |
any of our liabilities which cannot by
law be excluded or restricted |
|
|
Where We have agreed to sell the Equipment
to You this condition shall apply and condition 9 shall not
apply to the Equipment We have sold to You once You have
paid for it in full. |
|
23. Conditions of Sale of Equipment
Where We have agreed to sell the Equipment to You this
condition shall apply and condition 9 shall not apply to the
Equipment We have sold to You once You have paid for it in full.
| 23.1 |
Delivery We will deliver the
Equipment to You unless We have made other arrangements with
You. If the Equipment is to be delivered by a date agreed
with You, We will use all reasonable efforts to meet such
date.
|
| 23.2 |
Price and Payment
| (i) |
Unless otherwise stated, the price for
the Equipment includes delivery to and (where agreed
between Us) installation at your premises in the United
Kingdom. |
| (ii) |
Where the Equipment includes items
supplied at prices set out in our Price Lists We may
vary the price to include any change in our prices
occurring and notified to You before delivery of the
Equipment. Where the price of items has been increased,
You may cancel your order for the purchase of the
Equipment at any time before its delivery. |
| (iii) |
Unless We notify You otherwise, We
shall include the price for the Equipment as a separate
item in your bill sent to You under condition 6.
|
| (iv) |
We may bring legal proceedings for the
price of the Equipment at any time after payment becomes
due. |
|
| 23.3 |
Risk and Title
| (i) |
From the time of delivery the Equipment
will be at your risk, except as regards loss or damage
caused by our act or omission or that of our employees,
agents or contractors. |
| (ii) |
Until We have received payment in full
for all Equipment delivered to You by Us, the Equipment
shall remain our property and ownership in the Equipment
will not pass to You. |
| (iii) |
As well as any other rights We may
have, if You do not pay in full for all Equipment
delivered to You by Us, We may take back the Equipment
upon giving You reasonable notice that We intend to do
so, suspend the Services, terminate the Agreement and/or
retain the whole or any part of any deposit.
|
|
| 23.4 |
Warranty
| (i) |
We warrant that the Equipment will be
free from defects in design, manufacture or materials
except where caused by fair wear and tear for a period
of 12 months from the date of delivery and We shall at
our option replace or repair the Equipment free of
charge provided that the Equipment has been kept, used
and maintained in strict accordance with instructions
given to You by Us or the manufacturer and has not been
modified or altered. This warranty shall not apply if:
| (a) |
the defect is due to interference
with or maintenance of the Equipment by persons
other than Us or our authorised representatives; |
| (b) |
the defect is of a minor nature
which does not substantially affect the use of the
Equipment; or |
| (c) |
payment for the Equipment is
overdue. |
|
| (ii) |
We have the right to charge for
replacement or repair of defects not covered by our
warranty. |
| (iii) |
The provisions of this warranty do not
affect your statutory rights in relation to the
description and quality of goods and services. To find
out more about your legal rights please call your local
Trading Standards Department.
|
|
| 23.5 |
Content
| (i) |
We intend that the written terms of
this Agreement will prevail over any representation or
promise concerning the Equipment made by an employee of
ours unless such representation or promise is in writing
and signed by a duly authorised officer.
|
| (ii) |
It is your responsibility to satisfy
yourself that the Equipment suits your needs, except
where We have provided written advice to You and You
have relied on that advice.
|
| (iii) |
We have the right to make minor
alterations to the Equipment which do not materially
affect the Equipments performance. |
|
|
24. Changing the Terms and Conditions
|
Where any of the following occurs:
| (i) |
there is any change or amendment to any
law or regulation which applies to our trading,
operating or business practices or policy;
|
| (ii) |
the Director General of
Telecommunications, the Director General of Fair Trading
or any other competent Government department or
regulatory body makes any direction or order
recommending or requiring any technical modifications or
changes in our trading, operating or business practices
or policy; or
|
| (iii) |
in all other events, where We
reasonably determine that any technical modification to
the Britclick Telecom Network or change in our trading,
operating or business practices or policy is necessary
to maintain or improve the Services which We provide to
You, |
|
We reserve the right to change the terms and
conditions of this Agreement and/or the Services which We
provide to You as soon as is reasonably practicable by giving
written notice to You prior to the changes being introduced
referring to this Condition. We will also publish details of
any changes (including the operative date) in each of our main
offices and on our web-site as soon as possible prior to the
changes being introduced. Your rights to cancel the Services
if We make any significant change to the terms and conditions
of this Agreement are set out in Condition 20.1(ii). |
25. Unforeseeable Events
Neither party is liable for any breach of
this Agreement which is caused by something beyond their
reasonable control including Acts of God, fire, lightening,
extremely severe weather, flood, a national or local
emergency, explosion, war, military operations, civil
disorder, damage to the Britclick Telecom Network, terrorism,
vandalism, industrial disputes, or acts of local or central
Government or other competent authorities.
|
|
26. Severability If any provision or
part of a provision of this Agreement is held invalid, illegal
or unenforceable for any reason, it shall be severed and the
rest of the provisions in this Agreement shall continue as if
the Agreement had commenced without that provision or part of
that provision.
|
27. Waiver
The failure by either You or Us to exercise
or enforce any right under this Agreement shall not be deemed
to be a waiver of such right or to bar the exercise or
enforcement of it or any other right.
|
|
28. Notices
Notices given under this Agreement should be
delivered by hand or by prepaid first class post or electronic
mail either:
|
| (i) |
to Us: at the address on this Agreement
or on the last invoice or to an alternative address
notified to You;
|
| (ii) |
to You: at the address in this
Agreement or to an alternative address notified to Us.
Alternatively, if You take the Television Service or
Internet Services We may deliver notices to You by
sending them via the Britclick Telecom Network so that
they are displayed on your television or computer
screen.
|
|
|
|
29. Law This Agreement is subject to
the laws of the place in which You live.
|
|
30. Dispute Resolution We aim to
resolve any dispute quickly and satisfactorily. Details of our
complaint and dispute resolution procedures are set out in our
Code of Practice
|
Part A - Telecommunications Wayleave
Agreement
For the purpose of this Wayleave
Agreement We hold, or act on behalf of associated
companies who hold, an Britclick Telecom Licence for your
area.
This Wayleave Agreement enables the
necessary apparatus to be installed within your property
(including the garden) to supply the Services You or
others have asked for.
We must comply with the
Telecommunications Code (as referred to in paragraph (iv)
below) in carrying out work and We cannot normally be
required to remove permanent installations if You
terminate this Agreement or move from your property. Full
details of the Telecommunications Code will be supplied on
request.
If You have any questions or complaints
You should contact our customer management centre.
By entering into this Agreement:
|
|
| (i) |
You authorise Us to install and keep
installed our apparatus on your property and allow Us,
our employees, agents or contractors to enter your
property to inspect, maintain, adjust, repair, alter,
replace or remove the apparatus; |
| (ii) |
We agree to cause as little damage as
possible when exercising the rights under this Wayleave
Agreement and will make good to your reasonable
satisfaction any damage caused by Us, our employees,
agents or contractors; |
| (iii) |
You agree that whilst You occupy or own
the property You will not use the property in such a way
as to make access to the apparatus difficult or build
structures or plant trees over the apparatus if they are
likely to interfere with the apparatus; and |
| (iv) |
the provisions of the
Telecommunications Code as set out in Schedule 2 to the
Telecommunications Act 1984 will apply to this Wayleave
Agreement. |
|
|
5. Payment Zone
| 5.1 |
You confirm and warrant that You are the
cardholder of the credit/debit cards entered by You from
time to time for use of Payment Zone. You must not use any
stolen cards or any other persons cards without express
authority of the cardholder. We will report any suspected
credit card fraud to the relevant authority immediately.
Where a transaction is conducted using your PIN and your
credit/debit card details, You will be deemed to have
authorised that transaction and your card will be debited
accordingly.
|
| 5.2 |
For the purposes of fraud prevention, We
will provide the merchant from whom You are ordering goods
or services with the address of the premises where our
Equipment is allocated even where this is not the delivery
address for the goods or services.
|
|
| Privacy
Statement | Terms and Conditions |
| © Britclick Telecom 2003, part of the Britclick Group. |
|
|
|
|
|