T&C`s | Open Telecom {lpurl}?ppc_keyword={keyword}

Terms And Conditions

Issued 15/08/13 Doc Ref: FL0001. DOC

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
There are explanations of some of the words used in these conditions in paragraph
21 and in our Price List.
These Terms and Conditions apply to new and existing customers and are effective from the
Implementation date shown on the Agreement.

1. What the Service is
The Service we (Open Telecom) 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.

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 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 or safety or for the quality of
the Service that we supply to you or to our other customers.

3. Phone number
3.1 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 from our 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 a
special entry you must pay an extra charge and sign a separate agreement for that entry.

5. Call Monitoring
We may occasionally monitor and record 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 will 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 the
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;
Open Telecom Ltd, Siddeley House, 50 Canbury Park Road, Kingston upon Thames, Surrey,
KT2 6LX.

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.
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.
8.3 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.
What you agree to do

9. Paying our charges for the Service
9.1 Charges
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
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 how we classify your line. The classifications are
explained in our Price List. If we supply you with temporary Service, you may 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 details recorded at the telephone exchange.
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 send bills to the address you
ask us to.
9.5 Payments in advance, deposits and Credit Levels
(a) We may ask you for payments before payments are required. This will not be more than
the connection charge and rental for the Minimum Period, except in circumstances where we
send you a bill because you have exceeded your Credit Level.
(b) We may ask for a deposit at any time, as security for payment of your bills if it is
reasonable for us to do so. Our procedures for deposits are published in our office.
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 within 14 days by direct debit unless
agreed otherwise in writing. If at any time a direct debit is not in place (e.g. due to
cancellation) then payment must be made by another means within 14 days. Payments made
outside these terms may result in a late payment fee of £10 excluding VAT for every month
that is overdue. We retain ownership of the telephone numbers on which the Service is
provided until such time all monies due have been paid by the customer.

10. Your other responsibilities
10.1 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. We do not warrant that the Products or Services,
however configured, are immune from fraudulent or unauthorised intrusion, connection, attack
or use (including, without limitation, connection to voice or data networks or connections, or
attacks or intrusion of, or by means of virus, worm or other malicious or unauthorised code)
and accordingly we will not be liable for any loss, damage, cost or expense directly or
indirectly occasioned thereby.
However, customers taking our Line Protect service are covered for up to £10,000 per
fraudulent occurrence.

10.2 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 this paragraph.
11.2 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.
11.3 Any liability we have of any sort (including any liability because of our negligence) is
limited to £5,000 for any one event or any series of related events, and in any 12-month
period to £5,000 in total.
11.4 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. However, we will
refund a day’s rental to you for any day, or part day, that there is a failure of the Service
because of something beyond our reasonable control.

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 10.1. 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
13.2 If the 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 a payment is late, 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. Cheques not honoured or Direct Debit returns will be
given 24 hours to rectify, if not then immediate suspension of all services will ensue.
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 10.1.
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.
13.7 We reserve the right to terminate your service and/or to resell your numbers in the
event that your account remains unpaid for over 30 days past the agreed payment terms
as laid out in paragraph 9.6.

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. We will
notify you with your monthly invoice and/or on www.opentelecom.co.uk 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
16.1 The Customer may not assign or transfer this agreement or any of its rights under it
without the prior written consent of Open Telecom. Open Telecom may assign any or all
rights and obligations under this Agreement by notice in writing to the Customer.
16.2 Any notice, invoice or any other document which may be given by either party under
this agreement shall be deemed to have been given if left at or sent by fax or post. All post
sent to the customer shall be that of either the signed agreement or the invoice address.
16.3 If any provision of this agreement should be deemed invalid, unlawful or
unenforceable in any respect the remaining Provisions shall continue to the fullest extent of
the permitted law.

17. Cancelling the Service before it is provided
You may cancel Service any time up to 7 days before agreed date of provision. However, if
you have ordered Service for business use you must pay for any work we have performed
or monies we have expended.

18. Ending the agreement after the Service is provided
18.1 This agreement, or the supply of the Service, can be ended by:
(a) 14 day’s notice from us to you; or
(b) Upon expiry of the Minimum Term, or any anniversary thereafter you will need to provide 90 days written notice in order to port or cancel any services with Open Telecom. This can be in writing or emailing the accounts department at accounts@opentelecom.co.uk.
18.2 You must pay all charges for the Service until the date on which we stop providing the
Service to you.
18.3 We can end this agreement at any time without telling you if paragraph 13.1 applies.
18.4 Early termination fees apply. In the event the customer wishes to cancel before the
end of the minimum term or prior to serving the notice obligation, the termination fees
shall equal all arrears plus a lump sum which shall be the total of the charges which would
have become due in the period from the date of termination until the end of the Minimum
Term and (if relevant) the notice period. (These charges will be calculated by reference to
the average invoice value in the 3 months prior to the termination date)
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 the Network Service Order form, or on your last bill, or
at any other address we give you;
(b) To you at the address 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 license.
“Minimum Term” means the term stated on the Network Services Order Form.
“Our network” means the Open Telecom 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 Open Telecom Limited
“Working day” means Monday to Friday 9.00 am to 5.00 pm not including Public
“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.