1. Explanation of words used in this Agreement
These words have the following meanings:
“Agreement” means the Agreement between you and 3cTelecom, for us to provide you with Service to the Number, under these Terms and Conditions.
“CDRs” means the Call Detail Records for calls and/or texts made from your telephone number.
“Charges” means the Charges made by us to you for the provision of the Service.
“Number” means the telephone line(s) for telephone number(s) set out in the Schedule of Service.
“Rate Schedule” means the schedule of rates used to calculate the Charges. The Rate Schedule varies from time to time and can be found on www.3CTele.com/RateSchedule
“Service” means line rental, telephone calls, the installation (if applicable), connection and supply of broadband network access to the internet and/or any other services provided by us to you, including contact with our customer service centre.
“Service Equipment” means any equipment (including a router) used in conjunction with the Service.
“Set Up Period” is the period between the customer placing an order and that order being executed.
“Standard Variable Rate” means the published Rate Schedule that shall be applicable to Service provided during any period other than the agreed Supply Period.
“Supply Period” means the Supply Period for which Service is provided to you under our agreement.
2.1 We agree to provide you with Service under these terms and conditions. We may at any time without notice need to vary the Service for technical, operational or other reasons at our reasonable discretion.
2.2 We will use our best efforts to provide a continuous high quality Service in accordance with these terms and conditions. We reserve the right not to provide Service where Service cannot be reasonably provided due to any geographic, practical or technical issues arising.
2.3 The Service provides you with line rental and call services up to the line box at your property. We are not responsible for any equipment at your property.
2.4 We will provide you with Internet access at the maximum speed stated on your contract, bearing in mind that this is a theoretical speed which is outside of our control. We will however provide the Service at the fastest available stable speed. Download times and speeds vary if the network or the Internet is congested.
3. Charges & Payment
3.1 We will make Charges for the provision and use of the Service in accordance with ourRate Schedule subject to clauses 3.2, 3.4, 3.5, 8.4 and 10.6.
3.2 Invoices are issued monthly and are due for payment by Direct Debit in accordance with the advance notice given on your invoice. If invoices are not paid by Direct Debit, then wewill charge you £8 per month for administration costs.
3.4 If invoices are not paid monthly by Direct Debit then we will charge you for any collection costs incurred by us.
3.5 Interest will be charged on unpaid invoices from the due date until payment, at a rate of 2 per cent per month or part thereof.
3.6 Charges for the use of the Service at any time other than during the Agreed SupplyPeriod shall be charged at the Standard Variable Rate.
3.7 Value Added Tax, or any other levy or tax, will be added at the prevailing rate on to all sums due to us, which are stated exclusive of Value Added Tax.
3.8 You agree not to delay or withhold payment to us for any reason, including any claim or complaint that you may have. Any payments made to us will be applied by us as we deem appropriate.
3.9 We reserve the right to use information provided by you to make necessary credit status enquiries.
3.10 If we incur costs as a result of your non payment, you agree to reimburse and indemnify us in respect of those costs.
3.11 The actual Charges applicable to you shall be determined by the option agreed at the time this Agreement is entered into, subject to clauses 3.1, 3.2 and 3.3.
3.12 Normally, charges for calls will be invoiced monthly in arrears and fixed monthly charges, including line rental, will be invoiced monthly in advance. Charges may be required to be pre-paid by way of deposit. Charges may relate back to months prior to the previous month.
4.1 You agree not to use the Service in any improper or unlawful manner or in any manner that may cause offence.
4.2 You agree to use the Service and or the Service Equipment in accordance with our reasonable instructions.
4.3 You agree not to use, nor to permit anybody else to use, the Service to do any of the following: – publish, post, distribute or disseminate, defamatory, infringing, obscene, indecent or other unlawful material or information; – threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others; – knowingly make available or upload files that contain software or other material, data or information not owned by or licensed to you; – knowingly make available or upload files that contain a virusor corrupt data; – falsify the true ownership of software or other material or information
contained in a file that the customer makes available; – “spam” or otherwise deliberately abuse the Service.
4.4 You agree to allow us or our duly appointed agents access to your premises for the purposes of installation, programming, repair and maintenance, whenever necessary.
4.5 You agree to pay for all Service provided by us as set out in these terms and conditions.
4.6 If you do not make payment by Direct Debit you agree to pay the increased charges explained in clause 3.2 above.
4.7 You accept responsibility for the usage of the Service, whether the use of the Service has been expressly authorised by you or not.
4.8 You agree to inform us, giving at least 30 days written notice, of any changes in your personal details, including change of address, in accordance with clause 10.9.
4.9 If we have programmed your telephone system, you agree not to modify or change this programming without our written consent.
4.10 You agree not to make any telephone calls from the Number by any other means other than by using the Service during the Supply Period.
4.11 You agree that we will be your only supplier of telecommunication services that are the same or similar to the Service during the Supply Period.
4.12 You agree to terminate at your own expense any existing contracts that you may havewith alternative providers, which provide you with services similar to the Service.
4.13 You agree to provide us with consent to allow telecommunication service providers to disclose relevant information about you to us.
4.14 You agree not to claim any ownership rights over the Number, nor to attempt to sell or agree to transfer the Number provided to you.
4.15 You agree that we may prevent your transfer to another provider if such transfer is to complete during the Initial Supply Period or any agreed Subsequent Supply Period.
4.16 You agree to provide appropriate space and any necessary electricity supply for the power of the Service Equipment. You will not charge us for the space or the electricity consumed by the Service Equipment.
5.1 If you experience a fault, you should report this to us by telephone.
5.2 We will use our best efforts to repair faults in a reasonable time period, but you understand that repairing faults may be delayed by engineer availability, access issues or other reasons and accept that we are not able to offer any guarantees as to the time taken
to repair any faults.
5.3 We shall not be liable to you for any losses incurred as a result of an interruption to the service.
5.4 If a fault is caused by your own equipment, or by any equipment situated at your property, we may recover from you all reasonable costs incurred by us, which may include Charges for wasted visits to your premises.
6. Suspension of Service
6.1 You agree that we may suspend Service in order to maintain or improve Service or if we are obliged to do so by virtue of any direction or request from any Government Department, Emergency Service, or Regulatory or Administrative Authority.
6.2 We shall be entitled to suspend any part of or all of the Service without notice in the event that any payments are not made by you to us within 14 days. Such suspension will not affect your obligation to pay for the Service during the period of suspension or thereafter, and will not affect our rights to charge a termination fee, in accordance with clause 8.6.
7.1 Neither you nor we exclude or limit our liability for death or personal injury caused by our negligence.
7.2 We shall not be liable for any loss or damage caused to you except where caused by our negligent acts or negligent omissions or our breach of contract and in such event our total liability to you under this Agreement for any loss or damage shall be limited to £1000.
7.3 Subject to clause 7.1, we shall not be liable to you for: any indirect, consequential and/or special loss or damage; loss of profit; loss of revenue, loss of production or loss of business; loss of contracts; loss of goodwill, loss of reputation or loss of opportunity; loss of anticipated savings or loss of margin; loss or destruction of data; wasted management, operational or other time; liability of you to third parties; or the acts or omissions of network operators orother telecommunication service providers on whom we have to rely to provide the Service.
7.4 You are advised to obtain your own business continuity insurance.
8.1 You are able to end this Agreement without penalty at the end of the Initial Supply Period as agreed with you at the point of sale, or at the end of any Subsequent Supply Period that has been agreed. If you do end this Agreement during the Initial Supply Period or any Subsequent Supply Period then we are entitled to charge a termination fee, as per clause8.6.
8.2 You are able to end this Agreement if you have a receiver, administrative receiver, liquidator or supervisor of a voluntary arrangement appointed over it, or over any part of its undertaking or assets or a resolution is passed for its winding up, or if an administration order is made, or if it enters into a voluntary arrangement with its creditors, or ceases or threatens to cease to carry on business, proof of which must be provided mandatorily in all cases in form of a letter from a solicitor firm or a licensed insolvency practice or an accountancy firm currently registered with and regulated by the respective regulatory authority. You must send this proof to our head office at least 30 days before you intend to cease to trade. We will then cease the Service on the date advised. You will not be able to make or receive telephone calls from that date, and your telephone number(s) may be allocated to somebody else or withheld to prevent further use.
8.3 If you are trading as a sole trader then you are able to end this Agreement if you have ceased trading in all capacity, including in all businesses you are involved in, proof of which must be provided by a letter from a firm of solicitors regulated by the Solicitors Regulation Authority.
8.4 We may change the Charges at any time. If we change the Charges to your material detriment, for example where we change any recurring Charges, we will publish any such changes online at www.3ctele.com and will inform you in writing (by email or post) at least one month before the change is to take effect. If the change is not to your material detriment we will publish the change in accordance with clause 10.6. If we change the Charges to your material detriment, you may give us written notice to end the Agreement within 30 days of date on which we inform you in writing of the change(s).
8.5 If you move premises, then we will transfer Service to your new premises, and the terms of this Agreement will continue. If this happens, we will use our reasonable efforts to provide you with the same telephone number(s), but you accept that this may not be possible. You agree to pay any costs involved in relocating the Service.
8.6 We are able to end this Agreement if you breach any of the terms of this Agreement. If the Agreement is terminated by you during the Initial or Subsequent supply periods (subject to the above clauses) then we will charge you a Termination Fee. The Termination Fee will be calculated by multiplying the number of remaining months in the current supply period by the Monthly Termination Fee. For Line Rental Only or basic Evening and Weekend (EWE)
Packages the Monthly Termination Fee is £3.25, and for 247/Anytime or other Mobile and/or International Packages this will be £5.35. Monthly Termination fees for Packages with standard broadband are £15 and Fibre Packages are £25. You agree that this represents a fair and reasonable estimate of the losses that we would suffer in these circumstances. If you or we terminate this Agreement for any reason before the end of the Initial Supply Period, you will, within 14 days of the date of termination, return any Service Equipment to us in good condition and suitable packaging. Should you fail to do so, you shall pay us £50 or each piece of Service Equipment we have provided to you.
8.7 We may suspend or cease Service in circumstances where we would be entitled to terminate this Agreement. If we do this, then this will not affect our right to terminate this Agreement, or to charge you a termination fee.
9. Fair Usage Policy
9.1 We operate a fair usage policy for our Unlimited Broadband. You will incur no additional charge or suspension of service as a consequence of exceeding any usage threshold. If we believe that your use of the Service is adversely affecting the network (or any part of it) or other customers, then we may moderately regulate your usage.
10.1 You may not assign or transfer this Agreement or any rights hereunder to any third party, without our prior written consent. We may assign or transfer this Agreement or any rights hereunder.
10.2 Neither party shall be liable for breach of its obligations under this Agreement if the breach is caused by flood, fire, accident, explosion, strike, war, embargo, Government restriction, Act of God, inability to secure materials, industrial dispute or any other cause beyond the parties’ reasonable control including in particular acts or omissions of other providers of similar services.
10.3 The remaining parts of this Agreement shall remain in full force in the event that any part of this Agreement shall be invalid, illegal or unenforceable, as if the unenforceable part had been omitted from the original Agreement.
10.4 All the terms of this Agreement are set out herein. Neither party has relied upon any representations, assurances or other agreements, whether verbal or otherwise, unless set out herein.
10.5 In the unlikely event that you have a complaint about the service received, please refer to our website for details about our complaints procedure.
10.6 We may make changes to the terms and conditions of this Agreement and will, save as stated otherwise in this Agreement, provide you with 14 days notice of any such changes by publishing such changes on our website.
10.7 No waiver by either party shall constitute any variation to this Agreement.
10.8 Singular words shall be construed as including words of the plural and vice versa.
10.9 Any notices given by you under this Agreement shall be made in writing and sent by registered post. Subject to clause 10.6, any notices given by us under this Agreement shall be made in writing, and sent by post, email or fax.
10.10 This Agreement shall be governed by and interpreted in accordance with the Laws of England and shall be subject to the exclusive jurisdiction of the courts of England.