Affinicom Ltd Terms and Conditions

 


The service we provide

 

1.              The service we agree to give you is:

(a)  the facility to make or receive a phone call (including the ability to send or receive data, for example, from computers); and

(b)  any other facilities that we agree to provide to you under this agreement

Quality of the service

2.         We will provide you with the service within the specified time of which we have informed you.  We aim to provide a continuous, high-quality service.

3.         In the unlikely event that things go wrong, we will work on any problem that is reported to us with the objective of resolving the problem as soon as possible.

Paying for the service

4.         We will send your bills nominated to the address unless you tell us otherwise.

5.         We will send your first bill shortly after we provide the service.  After that, we will send bills monthly.  However, we may sometimes send you a bill at a different time Ð for example, if the amount of money you owe us for calls is considerably higher than your normal or expected spending on calls.

6.         You agree to pay all charges for the service, whether you use it or someone else does, and as soon as you receive your bill.  In some cases, you may need to pay a deposit ass security for paying your bills.

7.         Your bills will show which charges you must pay and when.  On the occasion of no payment the amount will be carried forward to the next bill.

8.         If you fail to pay the bill we reserve the right to take any legal action required to recover the debt.  Any legal costs will be for your account.

Ending the agreement

9.         We hope you will enjoy a high-quality service for many years to come.  However, once we have provided the service, you may end this agreement at any time by giving us seven dayÕ notice in writing.

10.      This agreement is intended to last for at least 12 months.  However, if the agreement ends during the period you will have to pay any and all outstanding charges.

11.      We can end this agreement by giving you one monthÕs notice in writing, except where your obligations in paragraphs 14 & 15 under this agreement are broken.

12.      Before we have given you the service, you may cancel this agreement, and we will not charge you.

Providing the service

13.      You agree to follow any reasonable instructions that we may give you about the service.  This may include giving us access to your premises.

Using the service

14.      Generally, our customers use the service responsibly, but it must not be used:

(a)       to make offensive indecent, menacing, nuisance or hoax calls; or

(b)       fraudulently or in connection with a criminal offence.

You agree to take all reasonable steps to make sure that this does not happen.

We take this kind of misuse very seriously.  If we reasonably believe it has happened, we may take immediate action to suspend the service or end the agreement, without telling you first even if you were not aware of the misuse.  In this instance we reserve the right to inform any subsequent provider the reason of our suspension of our service.

15.      You accept that you phone number must not be advertised in or on a BT phone box.  If this happens, we may suspend the service or end the agreement.  However, we will write to you before we take this action.

16.      You understand that the equipment and line are the ownership and responsibility of BT and will conform to their terms and conditions of use.

17.      You accept that you do not own the phone number and that this agreement is personal to you.  You agree not to transfer either the number or the agreement to anyone else or to try to do so.

Changing the agreement

18.      Sometimes, we will need to change our charges and the terms and conditions of this agreement.  We will publish details of all changes in the price list online at http://www.affincom.co.uk before they happen.

19.      We will also let you know about these changes as follows:

(a)  A change to the terms and conditions Ð at least one month before it happens.

(b)  A price increase Ð at least one month before it happens, if we believe that increase is likely to be to your significant disadvantage.

(c)  Any other price increases Ð with your next available bill.

For changes we need to make to meet legal and regulatory requirements, we may be unable to meet these timescales.  We will let you know about these changes as soon as we can.

20.      If we have made a change to your significant disadvantage, you will not have to pay a charge if you decide to end the agreement early.

Other things we might need to do

21.      Occasionally, for operational reasons, we may have to change the code or your phone number, or interrupt the service.  We will restore the service, if interrupted, as quickly as we can.

22.      We reserve the right to monitor and record calls relating to customer services and telemarketing.  We do this for training purposes and to improve the quality of our customer services.

Our responsibility to you

23.      Unfortunately, we cannot guarantee that the service will never be faulty.  However, if things go wrong:

(a)  you may be entitled under our customer service guarantee to a call diversion or compensation (for example, if you suffer a total loss of the service that is not related to a fault of the line): and

(b)  we accept responsibility for reasonably foreseeable (expected) losses arising from intermittent (temporary) faults to the service, if we re negligent.  If this happens, we will pay up to £50 for each line affected.

24.      Unless we are negligent, our only obligation to compensate you under this agreement is as set out in the customer service guarantee.

25.      Unless the customer service guarantee or paragraph 32 says otherwise, we have no obligation to compensate you for financial loss, for data being lost or corrupted, or for any loss that could not have been reasonably foreseen (expected) in light of paragraph 2.

Matters beyond our reasonable control

26.      Sometimes we may be unable to do what we have agreed because of something beyond our reasonable control.  This could include very severe weather.

27.      In these cases, we do not accept responsibility for what has happened.  However, we will try to give you a call diversion.

If you break this agreement

28.      Other than for serious misuse described in paragraph 15 and 16, we will normally give you an opportunity to put matters right within a reasonable time if you break this agreement.

29.      However, if you do not do so, we may suspend the service or end the agreement.  We may also suspend the service or end the agreement if you break any other agreement you have with us and do not put matters right within a reasonable time.  If we suspend the service, we will tell you what needs to be done before we reinstate it.

30.      If you have not paid your bill, we will generally not suspend the service or end the agreement until 28 days after your payment was due (21 days if you pay monthly).

31.      However, sometimes we may take this action after only 14 days (seven days if you pay monthly), for example, if you have not paid a recent bill for call charges send to you under paragraph 7.

Resolving disputes

32.      We will try to work through any disputes that you may have with us.  However, if we cannot do this, you can refer the matter to any relevant dispute resolution service.

Other things we need to tell you

33.      We may take instructions from a person who we think, with good reason, is acting with your permission.

34.      If this agreement ends, we will pay back to you any money we owe you.  We will first take off any money you owe us, under either this agreement or any other agreement between us.

35.      When we need to contact you, we will use your billing address.  If you need to write to us, please use the address on your last bill or any other address we have given to you.

36.      We will respect the privacy of the information regarding the bills sent to you and any personal information that we may hold in our files.  We will not pass over any information relating to your account to a third party, unless it is acting strictly on our behalf.

 

Affinicom Ltd

Version 1.1/2004

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