Broadband and Telephone terms and conditions

Transcription

Broadband and Telephone terms and conditions
IMPORTANT NOTICE
23 January 2012
Please be advised of the transfer of customer accounts from Pipex UK Ltd to the Global 4
Communications Ltd service Home Telecom which completed in January 2012. Please note that all
customer pricing and terms and conditions remain unchanged. If you have any concerns at all
please do not hesitate to call our support line on 01403 216138. These terms only apply to
customers who have transferred to Global 4 as a result of this acquisition.
1 July 2010
From 1 July 2010 we will be varying these terms and conditions to allow us to charge you for
engineer visits where you are at fault.
The specific changes to these terms and conditions are set out below at Clauses 7.22 and 7.23.
These terms and conditions set out how we, Global 4 Communications Limited (a company
registered in England and Wales under company number 03526932 and VAT registration number
GB712085170 and whose registered office is at Global House, 60b Queen Street, Horsham RH13
5AD) will provide the Services (under the brand name Home Telecom), to you.
The Additional Terms and Conditions form a part of these terms and conditions. We strongly advise
that you read the Additional Terms and Conditions and these are available by clicking the hyperlinks
below and through our Website:
Data Protection and Privacy Policy
Acceptable Use Policy
Fair Usage Policy
Disconnection Policy
Any specific terms, conditions, instructions or service limits relating to the Services that you chose in
your Package will be treated as part of these terms and conditions
We may vary these terms and conditions from time to time. We will notify you of any changes in
writing or by publishing them on our website.
We ask you to check this page periodically. Your continued use of the Services following the posting
of changes to these terms and conditions will mean you accept those changes. To the extent any
change we may make to these terms and conditions is to your material detriment or relates to an
increase in the charges: (i) we will give you at least thirty (30) days notice by writing to you and/or
publishing the change on our Website or providing details of it on our Customer Services telephone
line by way of a recorded message; (ii) the change will not take effect until the end of the thirty (30)
day notice period; (iii) you may end your contract with us by giving us not less than ten (10) days
notice in writing.
As you read these terms and conditions please refer to the Glossary, found at the end of this
document, for any definitions.
1 USE OF OUR WEBSITE
Visit www.hometelecom.co.uk or call our support line on 01403 216138
Global 4 Communications Limited is a company registered in England and Wales under company number 03526932 and VAT
registration number GB712085170 and whose registered office is at Global House, 60b Queen Street, Horsham RH13 5AD. Global 4
provide residential telephone services under the brand names “Home Telecom” and “Pipex from Home Telecom”.
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1.1 Our Website contains content that is protected by copyright, trademarks and other intellectual
property rights. Unless otherwise specifically stated, you must not and must not allow anyone else
to copy, store, modify, transmit distribute, publish, broadcast or otherwise use any such content
except as necessary for the normal use and enjoyment of our Website .
1.2 You are solely responsible for evaluating the accuracy and completeness of any content
appearing on our Website. We do not make any representations or warranties in relation to the
content appearing on our Website. In particular, we do not make any representations or warranties
regarding the accuracy, timeliness or completeness of the content. We will not be responsible for
any loss or damage caused by relying on the content contained in our Website.
1.3 The content on our Website may include programs, data, information, graphics, music and video.
Please note that the content, design, layout or any other feature of our Website may change from
time to time due to editorial, rights clearance, non-availability or other considerations.
1.4 You are also solely responsible for evaluating the integrity of any goods and services offered for
sale on our Website either by us or by one of our third party affiliates. We will not be held
responsible in any way for any transaction entered into between you and third parties offering
goods or services on our Website.
1.5 There may be additional terms and conditions which you will need to agree to in order to receive
certain content on our Website or to purchase certain goods and services. These may be our own
terms and conditions or those of third parties and will not affect these terms and conditions.
1.6 Your use of the Internet it is at your own risk and is subject to any applicable laws and
regulations.
2 YOUR APPLICATION AND COMMENCEMENT OF SERVICES
2.1 You must show on your Application which Services and, specifically, which Package you want to
receive. You can find details of our current Packages on our Website. We can change, suspend or
withdraw any of our Services and Packages at any time. Details will be posted on our Website from
time to time.
2.2 If we believe it necessary, we will carry out a credit reference check against your name before
deciding whether to accept your Application. Where your record is searched using a credit reference
agency, the credit reference agency will add to your record details of our search and your application
and this will be seen by other organisations that make searches to help make decisions about credit
for you and members of your household. Please let us know if you require details of the credit
reference agencies from whom we obtain and to whom we pass information about you.
2.3 We reserve the right to refuse your Application in our sole and absolute discretion.
2.4 Unless otherwise indicated in your Package, you must have a BT or other non-cable telephone
line to receive the Services. We do not provide the Services across cable operator telephone lines.
We will check you have a BT or other non-cable telephone line by carrying out a test on the
telephone number that you have given to us on your Application.
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2.5 When we have accepted your Application, we will provide you with those of the following
Services as specified in your Application:
2.5.1 Broadband Services.
2.5.2 Dial Up Internet Services.
2.5.3 Telephone Services.
2.6 The Services will be provided to you at the Installation Address.
2.7 Our provision of Services may be subject to a Minimum Contract Period. Confirmation of the
Minimum Contract Period applicable to your Package will be set out in your Welcome Pack or
notified to you when you make your Application.
2.8 It is your responsibility to ensure that you are not in breach of any terms and conditions or
minimum contract period you have agreed with any other Service Provider by subscribing to the
Services and you acknowledge that you will be responsible for any charges or fees you may incur
from your old Service Provider.
2.9 You represent to us that:
2.9.1 you are at least 18 years old; which is the minimum age requirement for you to apply for any of
the Services;
2.9.2 all details contained on your Application are true, accurate and complete;
2.9.3 you are the Line Rental Account Holder or have obtained all relevant permissions and consents
from the Line Rental Account Holder which are necessary to enable you comply with your
obligations under these terms and conditions;
2.9.4 you are the current occupier at the Installation Address or, if your postal address is different
from the Installation Address, that you have obtained all relevant permissions and consents from the
occupier of the Installation Address which are necessary to enable you to comply with your
obligations under these terms and conditions; and
2.9.5 you are (i) the freeholder of the Installation Address; or (ii) the tenant with a lease for a term of
one year or more of the Installation Address; or (iii) have obtained all relevant permissions and
consents from the freeholder or such tenant as the case may be of the Installation Address which
are necessary to enable you to comply with your obligations under these terms and conditions.
Broadband Services
2.10 When we have accepted your Application to subscribe to the Broadband Services, we will use
reasonable endeavours to provide the Broadband Services to you by the Go-Live Date but do not
guarantee this. We will use reasonable endeavours to contact you if there is a delay.
Dial Up Internet Services
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2.11 We will use reasonable endeavours to provide the Dial Up Internet Services to you from the
date on which we accept your Application.
Telephone Services
2.12 When we have accepted your Application for the Telephone Services, we will pass your request
to the relevant Service Provider for it to process as soon as possible. When we receive the relevant
Service Provider's acceptance of your request, and subject to our acceptance of your Application, we
will send you a Welcome Pack and separate written confirmation of the Go-Live Date. We will use
reasonable endeavours to provide the Telephone Services to you by the Go-Live Date but do not
guarantee this. We will use reasonable endeavours to contact you if there is a delay.
2.13 You can request any Line Features you require in your Application. Wherever possible, we will
endeavour to provide those Line Features requested. Please be aware that some Line Features may
not be available if your Telephone Services are provided on our LLU Network. Call barring facilities
will be available in our sole and absolute discretion.
3 OUR PROVISION OF THE SERVICES TO YOU
3.1 We will provide the Services from the Go-Live Date until either you or we end this contract in the
way set out in these terms and conditions (subject to any relevant Minimum Contract Period).
3.2 We will use reasonable skill and care when we provide the Services to you.
3.3 We do not guarantee that the Services will be fault free or available at any particular time or
continuously. You accept that BT does some programming and engineering work at your local phone
exchange so that you can receive the Services. We do not accept any responsibility for errors or
delays caused by BT while they are carrying out any set-up or ongoing programming or call-routing
work that affects the Services, or for any acts or omissions of other Service Providers, third party
service or equipment suppliers that impact on our ability to provide the Services.
3.4 In certain limited circumstances, we may not be able to provide you with the Services for
technical reasons. If this happens we will use reasonable endeavours to let you know promptly.
3.5 We may suspend the Services from time to time without notice to you where it is necessary for
us to do so for operational reasons such as repair, maintenance, improvement or emergency. We
will restore the Services to you as soon as possible.
Broadband
3.6 You accept and acknowledge that the Broadband Services, as with other Internet applications,
are not secure and we do not guarantee the prevention or detection of any unauthorised attempts
to access the Broadband Services or your computer. It is your responsibility to protect your
computer from computer viruses, adware, spyware, and malware by installing and updating
adequate anti-virus and security software.
3.7 We will use reasonable endeavours to provide the Broadband Services to you at the speed you
have requested, however we cannot always guarantee this. The speed of your connection and
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download times may be slower depending on the length of any telephone extension cables at the
Installation Address, the distance the Installation Address is from the telephone exchange, the speed
and quality of your router and modem, and congestion on our Network or the Internet.
3.8 With the intention of ensuring our Network performs consistently in all locations across our
Network and at all times of the day, we reserve the right to manage internet applications across the
Broadband Services at our discretion as we see fit. This may include, but is not limited to, prioritising
web traffic and email over file sharing activities during times of high congestion.
3.9 From time to time, we may provide you with additional services to compliment your Broadband
Services such as videomail, securemail and SMS. These other services will be provided to you under
a separate contract and will not affect this contract unless expressly stated.
3.10 We may, for operational or other reasons, change any codes or the numbers allocated to you or
the specification of the Dial Up Internet Services. We may also modify or update the Dial Up Internet
Services. Any such changes will not materially affect the Dial Up Internet Services.
3.11 We may, at our sole discretion, implement an automatic cut-off to interrupt your internet
session after a fixed period of time (for example 2-3 hours). The purpose of the automatic cut-off is
to maximise the performance of the Dial Up Internet Services for all users. If your internet session is
interrupted by the automatic cut-off, you may immediately reconnect to the Dial Up Internet
Services. There is no limit on the number of times you can connect to the Dial Up Internet Services.
3.12 If you have subscribed to a flat rate as part of your Package, you acknowledge that this product
is not intended to be provided on an "always on" basis. Pipex from Home Telecom reserves the right
to transfer your Dial Up Internet Services to our "Pay As You Go" product or to suspend your Dial Up
Internet Services at its sole discretion in the event that the usage of your Anytime account exceeds
150 hours over any calendar month. Pipex from Home Telecom will contact you by email at least 10
days prior to any such action being taken to allow you the opportunity to reduce your usage of the
Dial Up Internet Services to the permitted 150 hours.
Telephone Services
3.13 If you receive our Telephone Services, we reserve the right to restrict your access to other
Networks and route all telephone calls through our Network. This includes calls dialed commencing
with the prefix 1 (including for example the prefixes 132 and 1280).
3.14 We will use reasonable endeavours to transfer your existing UK geographic number starting 01
or 02 on the Go-Live Date. There may be a short outage during or after the Go-Live Date during
which you may not be able to receive incoming calls or make outgoing calls on this number.
3.15 If at any time we choose to provide your Pipex from Home Telecom Line Rental Service using
LLU, you may experience a short outage during migration to LLU. We will write to you prior to any
migration to advise you of the date of this short outage. The Pipex from Home Telecom Line Rental
Service you receive after such migration will be broadly the same as prior to the transfer.
3.16 The Pipex from Home Telecom Call Service, may be provided by routing your phone calls to our
Network at your local BT telephone exchange (also known as "Carrier Pre-Selection" or "CPS"). All
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calls (except calls to emergency services, operator assistance and flat-rate internet dial-up numbers)
will then be routed to our Network automatically. Alternatively, we may choose to provide the Pipex
from Home Telecom Call Service using LLU. This will not affect provision of the Pipex from Home
Telecom Call Service to you.
3.17 We reserve the right to make Additional Charges for any additional services (including Line
Features) you request, and further details can be found on our Website.
3.18 If you have previously registered for the Telephone Preference Service (TPS) as part of BT
Privacy™, and would like this service to continue, we advise you to register for this service again at
www.tpsonline.org.uk.
3.19 If you wish to be listed in BT's telephone book, please note that we can only support standard
residential entries being surname plus your first initial. You may be asked whether you want a listing
within your Application, in which case we will automatically take these from your Application, or we
may choose to carry across your standard residential listing.
3.20 We do not provide copies of the BT telephone book for your local area. You should however be
provided with a free annual copy of your local telephone book by BT. Pipex from Home Telecom is
not responsible for the delivery of the BT telephone book, and cannot supply additional copies.
4 YOUR OBLIGATIONS TO US
4.1 You authorise us for the term of your contract with us to act on your behalf and appoint us as
your agent in all dealings with BT or any other Service Provider in connection with the provision of
the Services to you and you consent to BT or any other Service Provider providing us with your
personal data and other relevant information to enable us to provide the Services to you.
4.2 You represent to us that you will inform us:
4.2.1 if you are planning to move or if you move from the Installation Address during this contract;
4.2.2 if your Service Number changes; and
4.2.3 if there are other changes to the information you supplied to us when you registered for the
Services.
Broadband Services
4.3 You must cancel any other broadband service supplied by another service provider through the
BT or other non-cable telephone line that you wish to use to receive the Broadband Services and
your BT or other non-cable telephone landline at the Installation Address must be clear of your
former service provider's broadband service.
4.4 You must have a suitable computer and compatible cables from your telephone socket to your
modem and computer. The minimum specifications are set out on our Website.
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4.5 If we provide software to you to enable you to use the Broadband Services on a CD or where you
download the software from the Internet, we agree to your use of the software on the basis that you
use it solely for the purpose of receiving the Broadband Services and you must not make additional
copies or modify our software in any way without our permission. We may from time to time offer
you updates to the software that we provide to you. You are solely responsible for the installation of
any such updates.
Telephone Services
4.6 You agree, for the Minimum Contract Period and thereafter for as long as you wish to receive
Pipex from Home Telecom Line Rental, to take a Pipex from Home Telecom Call Service on the same
Service Number.
5 CUSTOMER SERVICES AND OUR SUPPORT TO YOU
5.1 You are responsible for all call charges that you incur whilst making calls to Customer Services.
Broadband Services
5.2 We will provide you with support for the Broadband Services and any modem that we have
supplied to you.
5.3 If a fault does occur, you can report the fault by telephone, email or in writing to Customer
Services. Once you have reported a fault to us, we will endeavour to resolve the fault as quickly and
efficiently as we are able in the circumstances.
5.4 Where there is a fault which affects our customers as a whole or where the Broadband Services
become generally unavailable, we will tell you by updating the service status message on our
Website as soon as we are able.
5.5 We are not responsible to you and do not provide support for computer equipment, software
and cables that we did not supply to you. We will not reimburse you for the costs of any support that
you obtain from elsewhere.
Telephone Services
5.6 All suspected faults with Pipex from Home Telecom Line Rental must be reported to Customer
Services and not to BT.
5.7 We provide a standard of service for Pipex from Home Telecom Line Rental the equivalent of
BT's "Standard Care" (also known as Care Level One) only, which means that any fault investigation
and resolution shall be worked upon during the hours of 8.00am to 5.00pm Monday to Friday,
excluding public holidays. We will use reasonable endeavours to resolve any fault within 96 working
hours.
5.8 You can report any fault with the Pipex from Home Telecom Call Services by email or in writing to
Customer Services. You acknowledge that if you do not have a contract with us for Pipex from Home
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Telecom Line Rental, Pipex from Home Telecom is not liable for any faults with your telephone line.
You must contact your telephone line Service Provider, who should repair and maintain the
telephone line in accordance with the terms and conditions of your contract with them
6 YOUR USE OF THE SERVICES
6.1 You agree to use the Services in line with these terms and conditions and also in line with all
relevant laws, regulations and licences as may be amended from time to time.
6.2 The Services are only to be used by you for private use for residential purposes. You must not
use them for business or commercial purposes, or resell or supply the Services to anyone else.
6.3 We reserve the right to monitor your usage of the Services to check whether or not it is what we
would expect for Private Use. If, following such checks, we believe in our reasonable opinion that the
Services are not being used for Private Use, we reserve the right to do any of the following having
given you notice of our intention to do so:
6.3.1 suspend or cancel your Services in accordance with clause 12.3.1 below;
6.3.2 change your Package to another Package of our choosing, which might not include any
inclusive calls you may have; and/or
6.3.3 recalculate the portion of your invoice which we deem not to relate to Private Use in
accordance with another Package of our choosing, and you agree to pay applicable additional
Charges for such recalculated portion of your invoice.
6.4 You agree not to use the Services:
6.4.1 to transmit or receive any material (including making telephone calls) that may be considered
illegal, defamatory, offensive, racist, obscene, indecent, menacing (including when talking to our
Customer Services agents) or allowing someone else to do these things, or connected with any
criminal offence;
6.4.2 to do anything, or allow anything to be done, which could damage our Network;
6.4.3 to do anything, or allow anything to be done, which constitutes a violation or infringement of
the rights of any person (including rights to copyright or confidentiality) or a violation or
infringement of any duty or obligation to any third party;
6.4.4 to do anything which causes inconvenience or distress to any third party;
6.4.5 for any marketing purposes or their procurement; or
6.4.6 for fraudulent or criminal activities.
6.5 You agree that you will not tamper with your telephone line or otherwise do anything which may
cause damage to it.
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6.6 We may require you to reimburse us for any reasonable and foreseeable losses, costs and
expenses which we incur as a direct result of the misuse use of the Services either by yourself or by
someone you have knowingly allowed to use the Services we provide to you.
Broadband Services and Dial Up Internet Services
6.7 In using the Broadband Services or Dial Up Internet Services (as applicable), you must comply
with:
6.7.1 our Acceptable Use Policy both in letter and spirit and you must also take reasonable steps to
ensure that other persons using the Broadband Services or Dial Up Internet Services that we provide
to you also comply with this policy; and
6.7.2 our Fair Usage Policy; we reserve the right to manage or regulate your usage in accordance
with the Fair Usage Policy as amended from time to time.
6.8 Your websites:
6.8.1 As part of the Broadband Services and Dial Up Internet Services we provide to you, you may set
up your own web sites. You will be responsible for any material that you or anyone else places on
your web sites.
6.8.2 We may remove any website you have created if your website does not contain an index file
(index.htm or index.html) in the root directory of your homepage or you have not accessed your
website for more than 3 months.
6.8.3 You must ensure that you are the owner of, or that you are authorised by the owner of, any
trade mark or name that you wish to use as part of your web site address. We may reject or remove
names that we believe may infringe someone else's trade mark. In addition we may reject or remove
names that we believe are offensive.
6.8.4 Your website must not include any material that is unlawful or is likely to cause offence,
anxiety or harm to others or in a way that is inconsistent with the letter and spirit of our Acceptable
Use Policy. In particular you must ensure you have the correct permissions in place to use any
material that is subject to copyright. Common examples of material subject to copyright are music,
sound clips, video clips, pictures and downloadable software.
6.8.5 If we receive a complaint about your website (or any part of it) we may suspend the entire
website (or any part of it) without notifying you beforehand. We may then ask you to obtain the
complaining party's written consent prior to reinstating your web site. We may also require you to
provide us with written assurance as regards further material to be displayed on your website. If we
believe that the material on your website is sufficiently harmful, unlawful or offensive, is illegal or
we receive further complaints about your web site after we have already issued you with a warning,
we may either again suspend your web site indefinitely or end the contract between us immediately
without further notice to you.
6.8.6 We may require you to reimburse us for any reasonable and foreseeable losses, costs and
expenses that we incur as a direct result of the misuse of your website either by yourself or by
someone you have knowingly allowed to place material on to your web site.
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6.9 Security, usernames and passwords
6.9.1 We will provide you with a set of usernames and passwords. Where possible we will give you
the username and password of your choice, however your username must not mislead, infringe on
others rights, cause distress, be obscene or indicate a connection to another person, company or
organisation that has not been authorised.
6.9.2 You must ensure that your usernames and passwords are kept confidential and are only used
by you and persons you wish to use the Broadband Service. You must tell us immediately if you
know or suspect that your username or password has been compromised.
6.9.3 If we believe that there has been or is likely to be a breach of username or password security
we may (at our sole discretion) suspend your usernames and passwords; and ask you to change any
or all of the passwords you use in connection with the Broadband Services.
6.10 We may delete any email held using email addresses you have registered with the Dial Up
Internet Services if you have not accessed your email for more than 3 months.
7 CHARGES
7.1 We will invoice you for the Services in line with our Charges, and you agree to pay us the amount
you are invoiced in accordance with such Charges. You accept that we consider anyone using the
Services at the Installation Address to be authorised by you and that you must pay all Charges due
from that use.
7.2 We may update our Charges from time and time, and any changes will be posted on our
Website.
7.3 All Charges quoted on our Website include VAT, although certain sections of our invoices contain
Charges that do not. These sections are clearly marked. Any changes that may apply to VAT charges
from time to time, which may result in an increase or decrease in your Charges, will not be regarded
as a price increase.
7.4 We accept payment by Mastercard, Visa or Direct Debit. Before we can accept your Application,
you must complete a direct debit or credit / debit card mandate either online or by phone.
7.5 If you wish to cancel or change the card which you use to pay us, you must tell us immediately
and provide us with an alternative method of payment acceptable to us.
7.6 If we accept your Application, we may give you a credit limit that we may decide to increase
when we set up a direct debit or credit/debit card mandate from you. We cannot guarantee that we
won't charge you immediately if you go beyond the credit limit.
7.7 We will collect the first payment from you through your chosen method of payment shortly after
the date on which the Services are made available to you.
7.8 We will then invoice you from time to time (usually every month) for all Charges that you owe
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under these terms and conditions since the last invoice we sent you. Fees are normally invoiced
monthly in advance and other charges such as Call Charges are normally invoiced monthly in arrears,
unless we notify you otherwise in writing.
7.9 If you have a contract with us for Broadband Services, you will receive your invoices online. It is a
condition of this contract that you provide a valid email for invoicing purposes and that you keep us
informed of any changes to it. You are responsible for ensuring your mailbox is in proper working
order and we shall not be liable for any errors in sending or receiving emails unless caused by our
negligence.
7.10 If you have subscribed to Dial Up Internet Services, we reserve the right to send your invoices
via email. We will notify you if we intend to send your invoices by email.
7.11 We will deduct the payment on the due date shown on each invoice. If this due date falls on a
weekend or a public holiday, we will deduct the payment on the next working day after that date.
7.12 If you choose to pay by direct debit, if we make an error in our charges to you, under the direct
debit scheme you are entitled to an immediate refund from your bank or building society. You may
cancel a direct debit instruction at any time by writing to your bank or building society. If you do
cancel your direct debit that you use to pay us, you must tell us immediately and provide us with an
alternative method of payment acceptable to us.
7.13 If you disagree with any item on your invoice, you must notify Customer Services in writing
within 30 days of the date on the invoice. After that time, you are deemed to have accepted the
invoice. Disputes must be sent by Recorded Delivery to Customer Services, Global 4 Communications
Ltd, Global House, 60b Queen Street, Horsham, West Sussex RH13 5AD.
.
7.14 If we accept that it is our mistake, we will refund any amounts that we have wrongly charged
to your account within 30 days of receiving your comments. If you are unhappy with our decision,
please refer to the dispute resolution process set out in our Code of Practice.
7.15 We can charge interest at 2% above Barclays Bank plc's base rate (from time to time) on any
amount that is still due 30 days after the invoice date in line with these terms and conditions. This
interest will start to apply from 30 days after the due date for payment and will add up each day
until you pay the total amount you owe, whether or not this contract has ended. Please also note
that we may suspend or end your Services immediately pursuant to clause 12.3.2 below.
7.16 You agree to pay all our reasonable costs for collecting any overdue amounts you owe us.
Telephone Services
7.17 Unless your Package details state otherwise, your calls will be rounded up to the nearest
minute and all Call Charges for each telephone call are rounded up to the nearest penny. You
accept that we consider anyone making telephone calls from the numbers you have chosen to use
with the Telephone Services to be authorised by you and that you must pay any Call Charges due
from that use.
7.18 Any calls made and not routed through our Network will be billed for by the relevant Network
operator, and we reserve the right pass on any additional call charges which arise from calls made
which are routed otherwise than via our Network.
7.19 We calculate all Call Charges using our data and records. We reserve the right to bill you up
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to three months after the date of the call, if billing delays by our Network providers make this
necessary.
7.20 When the Telephone Services end, we will either:
7.20.1 refund any amount in credit on your account after we have deducted any amount you owe
us under these terms and conditions; or
7.20.2 issue a final invoice for the amount you owe, which will be due by the date shown on that
invoice.
7.21 If your Telephone Services include free or inclusive calls, these will be detailed in your
Package.
Clauses 7.22 and 7.23 shall take effect from 1 July 2010
Engineer Charges
7.22 If you have agreed to a visit from our engineer but the engineer is not able to come on to
your property due to your acts or omissions, we will charge you an abortive visit charge.
7.23 We can also charge you for any such engineer visit if we reasonably believe that you have
caused the fault by damaging the phone line, phone plug in your wall or any equipment provided
by us.
8 YOUR PERSONAL INFORMATION AND PRIVACY
8.1 We will comply with the Data Protection Act 1998 and the Privacy and Electronic
Communications (EC Directive) Regulations 2003 and any other applicable data protection
legislation in relation to the handling of your personal data.
8.2 You agree to comply with the Privacy Policy which is located at our Website and you consent to
our using and/or disclosing your personal information in accordance with the Privacy Policy.
8.3 Where we have obtained the appropriate consents from you we may also use your data for
marketing purposes. This may include providing your data to carefully selected third parties. If you
do not want to receive marketing material from us or our associated companies, then you should
advise us of this during the Application or contact Customer Services.
9 OUR LIABILITY TO YOU
9.1 We will be liable if you are injured or die as a result of our negligence. We do not limit our
liability, or any liability we may have to you under Part 1 of the Consumer Protection Act 1987.
9.2 We shall not be liable to you under or in connection with this contract:
9.2.1 for any loss that we could not have reasonably been expected to foresee at the start of the
contract even where this related to special circumstances that you had previously made us aware
of;
9.2.2 for any loss of business, contracts, profits, anticipated savings, goodwill, or revenue;
9.2.3 any lost enjoyment or wasted time; and
9.2.4 any loss or corruption of data.
9.3 We will not be liable to you for any failure to deliver the Services or for any breach of contract,
where the failure or breach is due to a reason outside of our reasonable control.
9.4 Our total aggregate liability to you in connection with this contract however it arises shall not
Page 12
exceed £5,000 in any year of the contract for any one event or series of events.
9.5 We do not provide you with any Equipment as part of our Telephone Services, and are not
liable for any problems you might experience with any equipment you use with the Telephone
Services.
9.6 We will not be liable to you for any damage to your personal equipment caused by any
incompatibility of any equipment we supply as part of the Services with any of your other personal
equipment unless such damage is directly attributable to improper installation by us.
9.7 The Services may include services provided and/or operated by third parties, including but not
limited to shopping and banking services. We are not responsible for and are not liable to you for
the content, availability or modifications to such third party services and exclude all losses,
liabilities or damages you may suffer or incur arising out of your use of such third party services.
10 DISPUTES
10.1 We will do out best to resolve any disputes between us. We will deal with all disputes and
complaints in accordance with our Code of Practice on our Website
10.2 If you are not satisfied with the way we have dealt with your complaint after you have
exhausted our escalations process set out in the Code of Practice or the resolution of the dispute,
you can refer the matter to the independent ombudsman scheme that we are part of. Details of
the independent ombudsman can be found within the Code of Practice. The ombudsman will
review the matter fully and we agree to be bound by the ombudsman's final decision.
11 MOVING HOUSE
Broadband Services
11.1 If you move home or change the Service Number to which you connect to the Broadband
Services, you must tell us immediately. You may still be able to continue to receive the Broadband
Services, however we may charge you an additional fee for doing this where we incur costs for any
reason. We will tell you what the amount of this fee is prior to charging you. It may take up to 20
working days to move the Broadband Services from the Installation Address to your new address
and you may experience a loss of service during this time. You will continue to be responsible for
the Charges for your Broadband Services at all times during the moving process. Please also note
that if you move home or change your Service Number, your contract with us for the Broadband
Services will continue until it is ended in the way set out in condition 12 "Ending the Services".
Telephone Services
11.2 You must contact Customer Services and ask for removal of Pipex from Home Telecom Line
Rental at the Installation Address. This will usually take effect within two to five working days of
making contact, and please note that you will then not have access to either internet services or
inbound/outbound calls, including calls to the emergency services, at the Installation Address.
11.3 You should then call BT and ask for a landline connection at your new property. It is
recommended that you do this as far in advance as possible.
11.4 Once you have received your new phone number from BT, please contact Customer Services
to arrange for provision of the Telephone Services to your new address (this may require a new
Application). Initially, you will only be able to move your Pipex from Home Telecom Call Service
and Broadband Services. Your Pipex from Home Telecom Line Rental can only be re-instated once
your minimum term with BT (which is usually three months for line rental if reconnecting) has
expired. Any Minimum Contract Period relating to your Pipex from Home Telecom Line Rental
which is outstanding when you move to your new home will be waived, and a new Minimum
Contract Period may be applicable when it is re-instated.
11.5 If you take Pipex from Home Telecom Call Service without Pipex from Home Telecom Line
Rental you must contact Customer Services once you have your new Service Number and ask for
Page 13
your Pipex from Home Telecom Call Service to be moved to your new address. You must have a
BT or other non-cable telephone line at your new address to receive the Pipex from Home Telecom
Call Service there.
12 ENDING THE SERVICES
12.1 You may give us notice by telephone to cancel within 10 Working Days of the date of your
Application to us. If you cancel in this way, your contract will be cancelled and treated as if it had
never existed, and you will be refunded any Charges paid within 30 days. This is consistent with
your rights under the Distance Selling Regulations 2000. Any cancellation after this time will be
subject to the termination procedures set out below.
12.2 From the Go-Live Date, we will provide the Services to you unless and until they end in one
of the ways described below.
12.3 We can suspend or end the Services (or both) immediately and without notice:
12.3.1 if you break any term or condition of this contract or make a material mis-statement in any
details supplied to us;
12.3.2 if you fail to pay the Charges due for the Services within 30 days after we have written to
you to tell you that your payment is overdue or your chosen payment method seems not to be
valid;
12.3.3 if for reasons outside our control, we cannot continue to provide the Services;
12.3.4 if you use abusive or threatening behaviour while using the Services (including when
talking to our Customer Service agents);
12.3.5 in accordance with condition 4.9;
12.3.6 if you break our Acceptable Use Policy or Privacy Policy even if you are not aware that you
have done so; or
12.3.7 our authorisations under the Communications Act 2003 are revoked.
12.4 You may end your contract with us for the Services at anytime if:
12.4.1 you move to a new address to which we cannot provide the Services. In such case you
must contact us in advance by telephone (please see condition 13 "Contacting us") and produce
written proof of your new address;
12.4.2 we break a material term of this contract and we fail to remedy it within 28 days of a
written notice from you; or
12.4.3 we suspend your use of the Services under these terms and conditions and such suspension
has continued for more than 28 days.
12.5 Either party may terminate this Agreement on giving 30 days written notice to the other at
anytime and for any reason. You must pay the Charges up to and including the date of termination
for all Dial Up Internet Services you receive from us.
Transfer to another Service Provider
12.6 Subject to any Minimum Contract Period that may apply, if you are moving to another
Service Provider for the provision of Telephone Services or
Broadband Services then the following apply:
12.6.1 Broadband Services: If you are moving to another Service Provider, you must request a
Page 14
migration authorisation code (a "MAC"). Upon such request, we will issue you with a MAC
wherever possible. Your account will not be cancelled until you use your MAC and migrate to
another service provider and you must pay all charges for the Broadband Services until the date
on which your contract actually ends. If you do not use your MAC once received, your contract for
Broadband Services will continue until your contract with us is ended in accordance with condition
12.7. Where a MAC can not be provided we will use all reasonable endeavours to facilitate your
migration to another Service Provider.
12.6.2 Pipex from Home Telecom Call Service only: You must contact your chosen Service Provider
to arrange your transfer. The disconnection procedure will then depend on which Service Provider
you choose to carry your calls in the future. Failure to arrange your transfer with another Service
Provider may result in you being left without any telecommunications services. We cannot
guarantee how long this procedure will take and until it is complete you will continue to be bound
by these terms and conditions. We will cancel your Pipex from Home Telecom account, provided
you have notified us directly of your intention to cancel, only when your calls are no longer
directed over our Network. You will be responsible for the cost of calls made over our Network
before your new Service Provider takes over your service.
12.6.3 Pipex from Home Telecom Line Rental: You must contact a non-cable service provider and
ask them to takeover service on the line. If you are moving to a cable provider, we must treat
your termination as not being a transfer to another Service Provider, and accordingly condition
12.7 will apply.
Termination and no Transfer to another Service Provider
12.7 Subject to any Minimum Contract Period that may apply:
12.7.1 you can end your contract with us for Pipex from Home Telecom Line Rental by calling
Customer Services and asking for its removal. This will usually take effect within two to five
working days of contact, and please note that you will then not have access to either internet
services or inbound/outbound calls, including calls to the emergency services;
12.7.2 you can end your contract with us for the Broadband Services by giving us at least 30 days'
notice to us by telephone or in writing (please see condition 13 "Contacting us"); and
12.8 If you wish to end your contract with us for the Pipex from Home Telecom Call Service and
you do not wish to transfer to an alternative provider, you must contact BT who will arrange for us
to be removed from your telephone line. You will be notified by BT when this will take place
(usually 10 working days) and once it has taken place you must contact us so that we can cancel
your account. This will take effect the following working day. You will be responsible for the cost of
calls made over our Network before we are removed from your telephone line.
12.9 If we end our contract with you under clauses 12.3.1, 12.3.2, 12.3.4, 12.3.5, or 12.3.6 we
may charge you for any reasonable costs we have to pay to disconnect you.
12.10 If we suspend your contract under clauses 12.3.1, 12.3.2, 12.3.4, 12.3.5, or 12.3.6 you will
continue to be responsible to us for the charges.
12.11 If we stop providing the Services under clause 12.3.3 we must give you at least seven days'
notice in writing.
Cessation Charge
12.12 If you end your contract for Broadband Services with us and do not request and use a MAC,
you agree to pay us a cessation fee of £40. This fee is to cover the cancellation charge that we
must pay BT and associated administration costs. The cessation charge will not be payable where
you are moving home and either you have subscribed to our Broadband Services at your new
address or we are unable to provide the Broadband Services at your new address.
Page 15
Early Termination Charges
12.13 If we end our contract with you due to your default, including your failure to pay the
Charges on the due date in accordance with this contract; or you end this contract during the
Minimum Contract Period other than in circumstances in which you have a right to do so in
Conditions 12.1 you will have to compensate us for the full amount of any outstanding Charges
due to us for the remainder of the Minimum Period plus any outstanding Additional Charges
accrued up to the date of termination.
12.14 Upon termination of any Services for any reason, we will send you a Termination Notice and
all Charges outstanding and any Additional Charges arising as a result of such termination shall
become due and payable immediately. If there is any amount in credit on your account after all
Charges and Additional Charges have been paid, this will be refunded.
13 CONTACTING US
13.1 Written notices given under these terms and conditions may only be delivered by post or email to the following addresses:
13.1.1 to us at the relevant address given on our contacts page located at our Website and
addressed to Customer Services; and
13.1.2 to you at the relevant postal or email address provided as part of the details which you
submit on your Application or any alternative address that you provide to us via the 'My Account'
pages.
14 EVENTS OUTSIDE OF OUR REASONABLE CONTROL
14.1 We will not be liable to you for any failure to deliver the Services or for any breach of
contract, where the failure or breach is due to an event outside of our reasonable control.
15 OTHER
15.1 We can close your account if you have not used it for 12 months or longer.
15.2 You cannot assign (transfer) your rights or responsibilities under these terms and conditions
to another person without our permission in writing, such permission not to be unreasonably
withheld or delayed provided that we may we will carry out a credit reference check against such
person's name before deciding whether to give permission.
15.3 Neither of us shall be considered to have waived any right under these terms and conditions
because we have not exercised that right or because we have delayed exercising that right.
15.4 Unless this contract says otherwise, any notice, invoice or other document given to you under
this contract will be considered served if it is left at, or sent by post to, the address in the United
Kingdom shown on your Application form, or any other address in the United Kingdom that you
have told us about, in writing.
15.5 There terms and conditions are between us and you, and no other person has any right to
benefit under them or to enforce them.
15.6 If any part, term or provision of this contract is found to be illegal or unenforceable by the
court, the remainder of this contract shall continue to govern our provision of the Services to you.
15.7 We intend to rely upon these terms and conditions for the Services that we provide to you.
We acknowledge that you may receive written and verbal information from our Customer Services
team and these shall be incorporated into these terms and conditions.
15.8 This contract is governed by English law, and you and we agree that disputes can only be
dealt with in English and Scottish courts.
Page 16
15.9 We cannot guarantee that any offer will remain open to you if you do not return your signed
copy of you Application to us within 3 months from the date of the cover letter accompanying it.
15.10 We reserve the right at any time to assign this contract, provided always that no
assignment will affect any guarantees to you under this contract, to any company, firm or person
whatsoever.
Glossary
"Acceptable Use Policy" means our acceptable use policy as amended from time to time and
found on our Website;
"Additional Charges" means any applicable charges in addition to Fees and Call Charges as may
be applicable from time to time, including but not limited to charges for Line Features, Early
Termination Charges, Pay Per Rental Charge and any other charges payable by you to us as
specified in these terms and conditions or on our Website;
"Additional Terms and Conditions" means our Privacy Policy, Code of Practice, Acceptable Use
Policy, Terms of Use, Cookie Policy, Fair Usage Policy and Sales and Marketing Code of Conduct;
"Application" means an application to subscribe for any one or more of the Services made online,
by telephone, by installation CD-ROM, or by completing a paper application form;
"Broadband Services" means high speed digital network access to the Internet, a range of
Internet services and the applications which we may provide to you for Private Use as set out in
your Package;
"BT" means British Telecommunications Plc and as applicable, Openreach or other trading divisions
of BT from time to time;
"Call Charges" means the relevant charges for calls made or to be made using the Pipex from
Home Telecom Call Service as specified on our Website;
"Charges" means our Fees, Call Charges, Additional Charges and other charges, in force from
time to time;
"Code of Practice" means our code of practice as amended from time to time and found on our
Website;
"Cookie Policy" means our code of practice as amended from time to time and found on our
Website;
"CPS" means carrier pre-selection, being the Network access mechanism that occurs when a
telecommunications operator automatically programmes your local telephone exchange to route
your calls or traffic over a Service Provider's Network;
"Customer Services" means our customer services team, lines open 8am-midnight seven days a
week and whose numbers can be found on our website;
"Dial Up Internet Services" means analogue network access to the Internet, a range of Internet
services and the applications which we may provide to you for Private Use as set out in your
Package;
"Early Termination Charges" means the charges payable by you as set out in Condition 12.13;
"Equipment" means the equipment supplied to you by us which enables you to receive the
Services, which shall include any modem for Broadband Services, cabling and other ancillary
apparatus as necessary for the reception of the Services and/or other services. The Equipment
Page 17
does not include your BT or other non-cable telephone line (if applicable) which shall remain the
property and responsibility of BT or other non-cable Service Provider;
"Fair Usage Policy" means the fair use policy governing your use of the Broadband Service as
amended from time to time, and found on our website
"Fees" means the fees that may be payable from time to time for provision of the Services as
specified on our Website payable by you as applicable;
"Go-Live Date" means the date from which you can use the Services, which we will notify you of,
and which we may change if we consider it necessary;
"Installation Address" means the address of the property occupied by you at which we agree to
provide the Services and where any Equipment is installed;
"Installation Date " means the date on which we install the Equipment at the Installation
Address;
"Line Features" means Network or other calling features (e.g. caller display, voicemail);
"Line Rental Account Holder" means the person who holds an account for telephone line rental
at the Installation Address (with BT or another non-cable line rental provider);
"LLU" means a process by which BT lines are physically disconnected from its Network and
connected to our Network;
"Minimum Contract Period" means a period of 12 months from the date you enter a contract
with us for Services, or 12 months from the date you upgrade or downgrade your Package, or such
longer period as is specified in your Package, unless you enter a contract with us for Telephone
Services only in which case no minimum contract period applies;
"Network" means telecommunications network;
"Privacy Policy" means our privacy policy as amended from time to time and found on our
Website;
"Private Use" means private use for residential purposes as set out in clause 6.2;
"Sales and Marketing Code of Practice" means our sales and marketing code of practice as
amended from time to time and found on our Website;
"Services" means the Telephone Services and Broadband Services that we provide to you as
applicable and "Service" shall mean any one of the Services
"Service Provider" means a provider of broadband and / or telephony services;
"Telephone Services" means the Pipex from Home Telecom Line Rental and/or Pipex from Home
Telecom Call Service as set out in your Package;
"Termination Notice" means the notice you receive from us confirming that your Service has
ended;
" Pipex from Home Telecom Broadband Subscriber" means having a contract with Pipex from
Home Telecom for Broadband Services;
" Pipex from Home Telecom Call Service" means the call service for Private Use which we may
provide you as set out in your Package;
" Pipex from Home Telecom Line Rental" means the fixed line telephone rental service for Private
Page 18
Use which allows you to make and receive phone calls which we may provide you as set out in
your Package;
"Member" means you, or any other person who accesses our Website;
"Package" means the package of products and services which you have chosen to receive from
us;
"Pipex from Home Telecom ", “Home Telecom”, “Global 4”, "we" or "us" means Global 4
Communications Limited (a company registered in England and Wales under company number
03526932 and VAT registration number GB712085170 and whose registered office is at Global
House, 60b Queen Street, Horsham RH13 5AD)
"Website" means the websites hosted by us at URL: www.homecall.co.uk, www.pipex.co.uk, and
www.mypipex.net;
"Welcome Pack" means the pack of information you receive from us following a successful
Application;
"Working Day" means a day (other than a Saturday or Sunday) on which banks are ordinarily
open for business in the UK; and
"you" means you the customer.
Page 19

Broadband and Telephone terms and conditions

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