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