Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
These Terms and Conditions, along with any part of our Website specifically referred to herein (including our Code of Practice), represent your entire agreement with us and supersede any other agreement, made oral or otherwise, as
between the parties.
Terms and Conditions for customers relating to the provision of italk CPS, line rental and broadband services and equipment. These Terms and Conditions set out how we (italk Affiliate Telecommunications Limited, registered company number 06403147, registered office: Unit 6 Gemini Business Centre, 136-140 Old Shoreham Road, Hove, BN3 7BD) will provide the call package you choose (the “Telephone Services”), for private use only, to those people whose applications for such Telephone Services we accept (“you” or “the customer”).
“Activation Date” means the date from which you can use the Services; “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, termination charges and disconnection costs, as published on the Website at www.italktelecom.co.uk/rates “Application” means an application to subscribe for the Services; “BT” means BT Telecommunications plc and as may be applicable to mean Openreach or other trading divisions of BT from time to time; “Call Charges” means the relevant charges for calls made to or to be made; “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 particular carrier’s Network; “Code of Practice” means our code of practice as amended from time to time and found at www.italktelecom.co.uk/code-of-practice “Customer Apparatus” means any telecoms equipment, fittings or parts required to receive the Services which are not provided by us; “Customer Care” means our Customer Care Team, whose number is 0333 210 4290 (if you do not have bundled or free minutes with your landline or mobile phone then you may be charged the same as a landline call made to an 01 or 02 03 number); “Credit Limit” means any credit limit applied to your account by us from time to time; “Equipment” means the equipment provided to you by us from time to time in connection with the provision of broadband services; “Fees” means the fees that may be payable from time to time for provisions of the Telephone Services, including but not limited to any monthly or connection fees referred to in clause 5; “Legacy Package” refers to packages no longer offered, which includes but is not limited to italk 2 Gold, italk 2 Connect LLU, italk 2 Connect, italk Loyalty, and variants; “Network” means public switched telecommunications network; “Private Use” means use for residential purposes as set out in clause 3; “Rates” means our Fees, Call Charges, Additional Charges and conditions applicable, in force from time to time and published on the website www.italktelecom.co.uk/rates; “RPI” means the Retail Prices Index or any official index replacing it from time to time; “Service(s)” means the installation, connection and supply to you of telephone, broadband and/or call services; “Termination Notice” means the notice you receive from us confirming that your Service has ended; “Website” means the italk website at www.italktelecom.co.uk
1.Supply of Services
1.1. Phone lines, phone calls and broadband are provided under our line rental and/or broadband packages. You will receive only one bill for both. If we accept your application for this Service, your contract with your existing provider may come to an end. You can apply to move your existing telephone number to our Network or obtain a new telephone number.
1.2. Where you have chosen the standard italk Telephone and/or Broadband Services you are entering into a 24 month contract.
You may cancel the contract at any time up until 12 noon on the working day immediately before the Activation Date. A Cancellation form is available by visiting the following link www.italktelecom.co.uk/cancellation This link will also be provided together with written confirmation of the Activation Date.
1.3. We reserve the right to refuse your application at our sole and absolute discretion.
1.4. In respect of our Services, we may carry out a credit reference check against your name. If, at our discretion, we are not satisfied following a credit reference check, we reserve the right to request an up-front deposit and/or impose credit conditions on your account, including, but not limited to, imposing a credit limit on your account. We will retain your deposit until such time as your agreement with us is terminated but may use your deposit at any time in respect of any unpaid and overdue charges on your account. We will continue to share information about you with credit reference agencies on an ongoing basis including information about your account(s) with us.
1.5. As soon as we receive and accept your Application for Service, we will pass your request to the relevant Network operator for it to be processed as soon as possible.
1.6. When we receive the relevant Network operator’s acceptance of your request, we will send you written confirmation of the Activation Date.
1.7. You must be at least 18 years old to apply for any of the Telephone and Broadband Services.
1.8. You agree that all details contained on your application shall be true, accurate and complete and you are the Bill Payer / Account Holder or have the Bill Payer’s / Account Holder’s authorisation.
1.9. When you join italk we may restrict calls to premium rate and/or international numbers. If you require access to these numbers or services, please contact Customer Care. Such access may be subject to credit status and may also require a deposit
1.10. Our standard Contract is subject to a 24 month minimum period. Following the 24 month minimum period your contract will continue on a rolling monthly basis on the same regular billing terms unless you instruct us otherwise in writing, giving us 14 days’ written notice that you would like to discontinue the Services with italk (you will only be charged at the next billing period for Services received). You cannot downgrade during the minimum period. If you cancel the Service during the minimum period early termination charges will apply. These charges will be based on the outstanding period of your contract term and include a £65 equipment fee. Details of all our termination charges can be viewed on our website at www.italktelecom.co.uk/rates
Where you have signed up to our “Winter Special Packages (launched 14/12/2022)” the standard Contract is subject to a 24 month minimum period. Following the 24 month minimum period your contract will continue on a rolling monthly basis, but the price will revert to our standard package pricing as detailed below:
Package Name Special Price Standard Price
Full Fibre 50 - Winter Special £23.99 £29.99
Full Fibre 100 - Winter Special £28.99 £35.99
Full Fibre 250 - Winter Special £39.99 £44.99
Simply Fibre 50 - Winter Special £24.99 £29.99
Simply Fibre 100 - Winter Special £29.99 £35.99
With VoIP Digital Calls
Full Fibre 50 Digital Voice All Calls - Winter Special £31.99 £37.99
Full Fibre 100 Digital Voice All Calls - Winter Special £36.99 £43.99
Full Fibre 250 Digital Voice All Calls - Winter Special £47.99 £52.99
Simply Fibre 50 Digital Voice All Calls - Winter Special £32.99 £37.99
Simply Fibre 100 Digital Voice All Calls - Winter Special £37.99 £43.99
We will provide you with no shorter than one month’s notice of this change. Should this change not be acceptable, you will have the right to withdraw from your rolling monthly contract at any time, and without penalty.
1.11. A 12 month up-front line rental contract is available to customers on a pay up-front basis. You will be notified not later than 28 days prior to the end of the 12 month contract that your service will continue on a rolling monthly basis on regular billing terms unless you instruct otherwise, giving 14 days’ written notice that you would like to discontinue the Services with italk and terminate at the end of the 12 month contract. Further information on the 12 month contract is available on our website.
1.11.1. You may cancel the 12 month contract at any time up until 12pm on the working day immediately before the Activation Date by calling Customer Care, or in writing to italk, Unit 7 Gemini Centre, 136-140 Old Shoreham Road, Hove, East Sussex, BN3 7BD. Please note that italk cannot process any cancellation that arrives after this time. It is your responsibility when giving written notice to ensure such notice arrives before 12pm on the working day immediately before the Activation Date. Otherwise the advance payment is non-refundable.
1.12 A Pay Weekly Service (Flexi-bill) is available to customers on a rolling contract basis. This service is available on a standard or fibre-only basis. The flexi-bill service is available on a broadband and inbound calls basis only and is subject to a £35 non-refundable setup fee. You may select your first payment date provided this is no less than 15 days from the date the setup fee is paid. The setup fee may, if you choose, be paid in two instalments.
1.12.1 Flexi-bill requires you to grant to us a continuous payment authority on your debit or credit card. Please refer to clause 5.15.3 for the conditions of the continuous payment authority. Payments can be made on a weekly, fortnightly or four-weekly basis on your nominated payment date.
1.12.2 You may cancel the contract at any time up until 12pm on the working day immediately before the Activation Date. A Cancellation form is available by visiting the following link www.italktelecom.co.uk/cancellation This link will also be provided together with written confirmation of the Activation Date. Please note that italk cannot process any cancellation that arrives after this time. It is your responsibility when giving written notice to ensure such notice arrives before 12pm on the working day immediately before the Activation Date.
1.12.3 Flexi-bill Services are paid in advance on your nominated payment date. Should we be unable to take payment via your continuous payment authority on your nominated payment date, we will try again to collect payment. If payment has not been received by midday the day immediately following your nominated payment date, then we may suspend your broadband services until payment is received. You will still be charged for Flexi-Bill Services whilst your account is suspended.
1.12.4 If no payment is received within 12 calendar days of Flexi-bill account suspension then we reserve the right to terminate your Services by giving you 7 days’ notice of termination by e-mail.
1.12.5. You are permitted to change your nominated payment date once, free of charge. Any subsequent changes to you nominated payment date will incur an administration fee at the prevailing rate. For further details please see our charges published on the website at www.italktelecom.co.uk/rates
2. Our provision of the Services to you
2.1. We will use reasonable skill and care when we provide the Services to you.
2.2. When we have accepted your application, we will provide the following Services to you;
2.2.1. Telephone Services; and/or
2.2.2. Broadband Services
2.3. We shall use reasonable endeavours to provide you with a date on which your Services will commence. Services will not commence within the Cancellation Period unless you expressly request so in writing.
2.4. We do not guarantee that the Services we provide will be fault-free or available at any particular time or continuously. You accept that Openreach may do some programming at your local phone exchange so that you can receive the Services. We do not accept any responsibility for errors or delays caused by Openreach while they are carrying out any setup or ongoing programming or call routing work.
2.5. The actual speed and performance of your Service will depend on various things, some of which are outside our control. For example, the technical capabilities of the devices you use to connect to the Services and of the Equipment (whether provided by us or not). You accept that we cannot guarantee that you will have maximum speeds at any time or that your connection will reach any specific speeds.
2.6. To ensure our Network performs consistently, we may manage applications across the Network at our discretion. This may include, but is not limited to, giving priority to web traffic and email over file sharing and streaming during times of high congestion.
2.7. In certain limited circumstances, we may not be able to provide you with your Services for technical reasons. If this happens, we will do our best to inform you promptly.
2.8. We may suspend your Services from time to time for operational reasons such as repair, maintenance, improvement or emergency: where practical, we will seek to provide notice of the same to you, but we reserve the right to do so without notice to you where it is reasonably necessary for us to do so. We will seek to restore the Services to you as soon as possible.
2.9. In the event there is a fault with your Services, please report the fault in line with our code of practice www.italktelecom.co.uk/code-of-practice. We must be provided with a reasonable opportunity to repair any fault, in any case within 30 days from the date on which you first report the fault. If necessary, we will arrange for an engineer to attend your home. In the event that an appointment is arranged and missed, we reserve the right to charge an additional fee for arranging a new appointment, together with the associated administrative costs of doing so.
2.10. Any advice or information, whether spoken or in writing, provided by us to you will not create any guarantee that is not specifically referred to in these Terms and Conditions or the Code of Practice (Additional Charges and Rates referred to hereunder will be published on the Website).
2.11. For Broadband customers, you are fully responsible for:
2.11.1. Connecting a suitable microfilter to the Carrier’s master socket (and any extension sockets) at your premises, if required;
2.11.2. Connecting a suitable router/modem to the relevant port on the microfilter.
2.12. We accept no liability whatsoever for any loss you or any third party may suffer as a result of:
2.12.1. Your installation and/or setting up of any equipment to receive the Service, including but not limited to: loss caused by your installation of the Equipment or any Customer Apparatus; or
2.12.2. Any faulty Customer Apparatus, notwithstanding any list of suitable Customer Apparatus which we may publish on the Website.
2.13. If we supply you with any Equipment, you must agree to the terms of the relevant end-user agreement or third-party warranty related to the Equipment as we will not accept any liability as a result of any failure by you in this regard. Other than where required by law, any such Equipment is supplied ‘as is’ with no warranty from us as to its fitness for purpose or otherwise. We shall use reasonable endeavours to assist with reasonable queries you may have in respect of initial installation of the Service. However, to the extent that such queries relate to any problems which, following an initial diagnosis, may be outside our control or ability to remedy (including, but not limited to, Customer Apparatus or Equipment we provide), we do not guarantee that we shall be able to help resolve any such difficulties; such limited support shall be provided to you by telephone by you calling Customer Care.
2.14. The Company does not warrant that any particular Customer Apparatus shall be compatible with the Service and we shall not be responsible for supplying or supporting any Customer Apparatus.
2.15 Should you opt to change your broadband technology from Fibre to Cabinet (FTTC) to an alternative type of technology such as Fibre to the Home (FTTH), Fibre to the Premises (FTTP) or Single Order Generic Ethernet Access (SOGEA) that the Company provides, hereby collectively known as ‘New Technology’, you accept that you will be unable to revert to FTTC technology should you change your mind. The company does not accept responsibility for any changes from FTTC to a New Technology and the possible impact this may have on any other services you use or intend to use.
3. Your use of the Services
3.1. You agree to use the Service 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.
3.2. The Services are only meant for Private Use. You must not use the Services for business or commercial purposes or resell or supply the Services to anyone else. We reserve the right to monitor your usage patterns to check whether your usage is consistent with that to be expected of a residential customer. If, following such checks, we believe that the Services are not being used for Private use, we reserve the right upon such notice as we consider appropriate to do any of the following (such right not to be exercised unreasonably)
3.2.1. Suspend without prior notice or cancel your telephone Services or other Services in accordance with clause 10.3.1;
3.2.2. Change your italk package to another italk package of our choosing, which might not include inclusive calls; and/or
3.2.3. Recalculate the portion of your bill which we deem not to relate to Private Use in accordance with another italk package of our choosing.
3.3. You agree not to use the Services:
3.3.1. To transmit or receive any material that may be considered illegal, defamatory, offensive, racist, obscene, indecent, menacing (including when talking or communicating with italk employees) or allow someone else to do these things;
3.3.2. To do anything, or allow anything to be done, which could damage our Network;
3.3.3. To do anything, or allow anything to be done, which causes inconvenience or distress to any third party;
3.3.4. For any marketing purposes or their procurement; or
3.3.5. For fraudulent or criminal activities.
3.4. You agree that you will not tamper with your telephone line or any Equipment or otherwise do anything which may cause damage to it. For the avoidance of doubt this includes accidental damage.
3.5. You agree that you will not use indirect access codes (prefix numbers) to access restricted numbers or services. We reserve the right to charge you for such calls in accordance with clause 5.2.
4. Free and inclusive calls and unlimited broadband data
4.1. Certain italk packages include free or inclusive calls. These are to UK geographic numbers starting 01, 02 and 03 only and are available at the times stated in your italk package.
4.2. All other calls, including but not limited to internet, non-geographic and premium rate calls (except calls to 0870 and 0845 numbers if expressly included in a package) are excluded.
4.3. italk broadband packages which include “Unlimited” in their name are not subject to a fair usage policy. As is standard industry practice, all other packages are subject to a fair use provision. We reserve the right to restrict download speed to users in breach of this provision. For further details please see www.italktelecom.co.uk/rates published on the Website.
5. Our charges and paying for the Services
5.1. The italk package you select may be liable to a monthly fee for calls. The first month’s bill will be sent to you approximately 8 days after your activation date, and payment will be due 7 days later. A fixed connection fee will apply to all chargeable calls, as stated in your italk package. Chargeable calls may be billed monthly.
5.1.1. Customers with Legacy Packages with quarterly billing may receive monthly bills for chargeable calls.
5.2. We will charge you for the Services in line with our Rates and you agree to pay us the amount you are invoiced in accordance with such Rates.
5.3. Current Rates will be available on the Website or will be posted to you at any time on request. We reserve the right to increase or decrease our Rates or introduce new Rates from time to time according to the terms hereunder: please see clause 6 below for details.
5.4. Unless your italk package details state otherwise, Call Charges are charged at one minute intervals. You accept that any person making telephone calls from the numbers you have chosen to use with the Services we consider to be authorised by you and that you must pay any Call Charges due from that use.
5.5. Any calls made and not routed through our Network will be billed for by the relevant Network operator.
5.6. All Rates quoted on our Website and in writing include VAT.
5.6. We work out all Call Charges using our data and records.
5.8. When the Services end, we will either:
5.8.1. Refund any amount in credit on your account after we have deducted any amount you owe us under these Terms and Conditions; or
5.8.2. Issue a final invoice for the amount you owe, which will be due by the date shown on that invoice.
5.9. We accept payment only by Direct Debit, unless we agree otherwise with you. Before we can accept your Application, you must provide your name, address and bank account details.
5.10. When we accept your Application, we will give you a credit limit that we may decide to increase when we set up a Direct Debit. If your credit limit is exceeded, you will still be liable for all charges incurred, we may suspend your service(s) and a deposit payment may be required prior to services being resumed. For details of all current charges please see our Rates published on the website. We reserve the right to change your credit limit from time to time.
5.11. We will invoice you from time to time (generally agreed to be every month, though we reserve the right to change this from time to time according to reasonable necessity) for all Call Charges, Fees and Additional Charges that you owe under this agreement since the last invoice we sent to you. Where there is a Direct Debit in place, you authorise us to collect any outstanding and/or overdue amounts using this payment method. In line with BACS rules, a failed Direct Debit payment can be represented up to 3 times. We will notify you at least 3 days in advance each time we apply for a Direct Debit payment.
5.12. 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. If you do not have a Direct Debit mandate in place when the invoice is issued, the payment falls due immediately. In the event that a Direct Debit request is returned by your bank, or we receive notice of a debit or credit card chargeback request, we reserve the right to suspend your Service immediately and to charge an administration fee in line with our rates card.
5.13. 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.
5.14. If you do cancel your Direct Debit or discontinue the bank account that you use to pay us, you must tell us immediately and provide us with an alternative method of payment acceptable to us. If you have provided us with your credit or debit card details, you agree that we may deduct payment (including all outstanding Call Charges, Fees and Additional Charges) from your credit or debit card account using a continuous payment authority. Your credit or debit card details will be stored as a ‘token’ and we reserve the right to take payment via this method at our discretion, if your Direct Debit payment fails or is cancelled. We will notify you in advance of any payment being taken from your credit or debit card. If you wish to remove this continuous payment authority you can do so by calling us or sending us an e-mail. Removal of the continuous payment authority may result in your Service being suspended in the event we cannot collect your Direct Debit payment.
5.15. Unless we agree otherwise with you:
5.15.1. We will charge a processing fee for any failed or cancelled Direct Debit payments and payments which you make other than that by Direct Debit; and
5.15.2. We will also charge a late payment processing fee if you fail to make payment by the due date. For further details please see our Rates published on the website at www.italktelecom.co.uk/rates
5.15.3 In respect of Services provided pursuant to 1.11.1 (Flexi-Bill Service) the method of payment is via a continuous payment authority. This requires you to provide us with your debit/credit card details. By providing us with your debit card details, you authorise us to deduct from your debit/credit card payments due to us (inclusive of Additional Charges, Charges, Call Charges and Apparatus) from your bank account. We will notify you in advance of payments being deducted from your account. If you wish to revoke your continuous payment authority to us, you can do so by calling us on 0333 210 4290 or by e-mailing us [email protected]. Please note that in the event that you cancel a continuous payment authority relating to Services pursuant to 1.11.1 this may result in disruption to your service pursuant to 5.15.4.
5.15.4 We reserve the right to suspend or terminate your Service in the event that payment is not made by the due date. We may, from time to time, suspend your service sooner at our absolute discretion. Instances where we may do so include, but are not limited to, you exceeding your credit limit.
5.16. If you disagree with any item on your invoice, you must notify Customer Care in writing within 30 days of the date of the invoice. After that time, you are deemed to have accepted the invoice.
5.17. 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 notice from you. If you are unhappy with our decision, please refer to the dispute resolution process set out in our Code of Practice.
5.18. We may charge interest at 4% 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 accrue each day until you pay the total amount you owe, whether or not this agreement has ended. Please also note that we may in such circumstances suspend or end your Services immediately pursuant to clause 9.3.2 below.
5.19. You agree to pay all reasonable costs incurred when collecting any outstanding sums from you, including any agents or solicitors’ costs.
6. Price Increases
6.1 We may at our sole discretion increase our prices from time to time and reserve the right to increase our prices. Some increases may give you the right to terminate your Services with us without paying a cancellation charge. We will notify you in writing or by e-mail 30 days in advance of any planned price increase.
7.Your personal information and privacy
7.1. You agree that we may retain and process the personal information that you give us including information relating to yourself, your address and other details for purposes including marketing, business creation and development, management reporting, communications both manually and/or on a computer database, billing and assessment of your use of the Services pursuant to clause 3.2, and that we will be the data controller for this information.
7.2. Unless you have already notified us otherwise during the application, you agree 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 immediately by contacting our Customer Care Team.
7.4 The emergency services may use your details so that they can use these to identify you. It is your responsibility to make sure you keep us up to date with you contact details should anything change.
8. Warranties and liability
8.1. We do not limit our liability, or any liability we may have to you, under section 2.1 of the Unfair Contract Terms Act 1977 or Part 1 of the Consumer Protection Act 1987.
8.2. Except as expressly stated herein, we shall not be liable to you under or in connection with this agreement:
8.2.1. For any loss that we could not have reasonably been expected to foresee at the start of the contract, even if you had previously made us aware of these special circumstances;
8.2.2. For any loss of business, contracts, profits, anticipated savings, goodwill, or revenue; and/or
8.2.3. Any loss or corruption of data.
8.3. We do not provide you with any telephone equipment as part of the Services and are not liable for any problems you might experience with any telephone equipment you use with the Services.
8.4. For any Equipment provided to our broadband customers you must return any Equipment that:
8.4.1. You report is faulty; and/or
8.4.2. We recall as it may need replacement for technical reasons.
8.5. With every modem, router, filter or cable supplied by us we will:
8.5.1. Pre-configure it for you and deliver it to your notified premises, being the address supplied in your Application (while we will use reasonable endeavours to deliver the Equipment to you within such timescales as may have been advised to you verbally or otherwise, such timescales do not constitute a guarantee and you agree that time is not of the essence in respect of delivery); and
8.5.2. Provide a returns process as follows: you should notify us of any fault in the Equipment by telephoning 0333 210 4290 or emailing us at [email protected]; and
8.5.3. A diagnosis will then be carried out, and if it is determined that the equipment hardware is at fault and the Equipment is still covered by warranty, we will send a replacement to your premises.
8.6. Any equipment supplied shall at all times remain the property of us or the relevant third party supplier of such Equipment, notwithstanding that it may be situated on your premises or affixed thereto and you shall at all times be responsible for making clear to third parties that such Equipment is the property of us or a third party supplier of such Equipment.
8.7. Notwithstanding clause 8.6 above, you shall be responsible for ensuring at all time the safekeeping and proper use of the Equipment after delivery and installation at the premises. You shall be liable to us for any loss or damage to the Equipment (except where it can be shown that such loss or damage was caused by our negligence or due to fair wear and tear). You will notify us immediately of any such loss or damage and in particular (without prejudice to the generality of the foregoing) you undertake:
8.7.1 To keep the equipment at the premises and not to move it;
8.7.2. To comply with the manufacturer’s instructions relating to the Equipment and/or all instructions we may notify to you;
8.7.3. To refrain from altering, adjusting, repairing, maintaining or otherwise interfering in any way with the Equipment except by our authorised representative or with our written consent, save in the case of emergency and provided that you advise us immediately thereafter of the emergency action taken and circumstances requiring it. You shall indemnify us against any losses we may incur due to such action by you; and
8.7.4 Not to cause any equipment to be connected (directly or indirectly) to the Equipment or used with the Services which is not technically compatible with the Services or is not approved for that purpose under any relevant legislation or telecommunications industry standard.
8.8. You shall at your own expense provide and maintain for the duration of your contract with us a suitable environment, accommodation, facilities and electrical power for the Equipment in accordance with the relevant installation standards and regulations in order for us to be able to provide the Services.
9.1. All customer disputes and complaints shall be dealt with in accordance with the procedures set out in our Complaints Procedure, found at www.italktelecom.co.uk/customer-feedback and we will seek in good faith to resolve them with you.
9.2.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 Complaints Procedure, you may be able to refer the matter to the independent ombudsman scheme that we are a part of. Details of the independent ombudsman can be found within the Complaints Procedure.
10. Ending the Service or moving home
10.1. You may terminate your contract at any time in writing. You may be liable for a termination charge or risk losing non-refundable costings pursuant to clauses 1.10 and 1.11 depending on your length of contract. Please see the Rates section of the website at www.italktelecom.co.uk/rates for full details.
10.2. From the Activation Date, we will provide the Service to you unless and until it ends in one of the ways described below.
10.3. We can suspend or end the Service immediately if:
10.3.1. You break any of these Terms and Conditions;
10.3.2. You fail to pay the sums due for the Services after we have given notice that your payment is overdue, or your chosen payment method appears not to be valid in accordance with these Terms and Conditions;
10.3.3 In accordance with 10.3.2, if we suspend your Services due to an overdue account, we reserve the right to charge suspension fees for each suspension to your Services. The current rates are available on our rates card located at www.italktelecom.co.uk/rates
10.3.4. For reasons outside our control, we cannot continue to provide the Services; or
you use abusing or threatening behaviour while using the Service (including to our Customer Care agents).
10.4. If we end our contract with you under clauses 10.3.1, 10.3.2, or 10.3.4, we may charge you for any reasonable costs we have to pay to disconnect you. You may also, in our own discretion taking account of all of the circumstances, be liable for an early termination charge pursuant to clause 1.10 or loss of non-refundable costings as per clause 1.11 depending on your length of contract.
10.5. If we cease providing the Services under clause 10.3.4, we will seek to give you at least seven days’ notice in writing insofar as is reasonably practicable in the circumstances.
10.6. Upon termination of any Services for any reason, we will send you a Termination Notice and all sums outstanding and any Additional Charges arising as a result of such termination shall become due and payable immediately.
10.7. If you move home within the UK, you may be able to continue to receive the Service with us on your new line. It may require an engineer to visit your new premises (subject to a fee under our published Rates). Please note that your contract with us will continue in any event until it is ended in accordance with these Terms and Conditions. An early termination fee will still apply if you seek to end or cancel the Service during the minimum contract term.
10.7.1 If you move home, we may enter you into a new contract. We will let you know when we set this up for you.
10.8. If you wish to continue to receive the Services you must provide us with notice, including your new address and an alternative contact number, as soon as possible. Provided you give us 30 days’ notice of the move, we aim to move your Services with no disruption, although the Service may be disrupted during the move due to external factors and you will continue to be responsible for all our Fees and chargeable Rates during this period. If you are unable to receive the Service for any period of time from 30 days after giving us notice, except where the fault is with your Customer Apparatus or where you have refused to pay for a necessary engineer in accordance with our advice, we will refund you pro rata for any days without Service on your next billing date.
10.9. We will in most cases charge you reasonable costs for moving the Service to your new address, which will vary according to your setup. For further details please see the rates published on the Website at www.italktelecom.co.uk/rates
11. Contacting us
11.1. Written notice given under this contract may only be delivered by post or email to the following addresses:
11.1.1 To us at the relevant address given on our contacts page located at www.italktelecom.co.uk/contact
11.1.2 To you at the relevant postal or email address provided as part of the details which you submit during the registration process or any alternative address that you provide to talk.
11.2. Notices given under this contract must be made to our Customer Care Team by telephone or in writing.
12. Changes to the Contract
12.1. We may change the terms of this Contract from time to time. Changes will be posted on our Website. Please check this regularly for updates.
12.2. If such changes are to your material detriment, in addition to publishing details of such changes on the Website we will seek to contact you giving you at least one month’s notice) using one or more of the contact details provided by you in your Application. Such notice will most commonly appear on your bill the month immediately before the changes take effect. If we increase any of our rates of charges to your material detriment, and you object to such change, you will not have to pay a charge to terminate your contract early or move to another italk package; however, you must inform us within 7 days of us providing you with the notification of the relevant change.
12.3 If we have to make any changes to these Terms and Conditions due to matters outside of our control, such as changes in regulations, taxation, or legal requirements, then we will let you know of these requirements and any such changes. In such circumstances, you will not be able to end your service early without a termination charge. Any charges or loss of deposit are in accordance with clauses 1.10 and 1.11 above, depending on the length of your contract.
13.1. You cannot assign (transfer) your rights or responsibilities under this agreement without our permission in writing. We may refuse our permission.
13.2. Neither party shall be considered to have waived any right under these Terms and Conditions due to failure or delay in exercising that right.
13.3. Unless these Terms and Conditions say otherwise, any notice, invoice, or other document given to you hereunder will be considered served if it is in writing and left at or sent by post to, the address in the United Kingdom shown on your Application form, or any other UK address that you have provided.
13.4. These Terms and Conditions exclude and do not create or allow any rights under the Contracts (Rights of Third Parties) Act 1999 that are enforceable by any person who is not a party to it, but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13.5 This agreement is governed by English law, and you and we agree that disputes arising hereunder can only be dealt with in the courts of England and Wales.
14. Unlimited Fibre Online Exclusive
14.1. Package available to all new italk customers signing up online at www.italktelecom.co.uk
14.2. The free month will include one free month of the confirmed package price.
14.2.1. Free month will not include any billable charges such as chargeable calls, late payment fees, call-out charges, installation fees, and equipment fees.
14.2.2. Free month deduction will be added to the second italk invoice upon line activation and successful payment of the first month's invoice.
14.2.3. No cash alternative or equivalent for this offer.
14.2.4. Standard Terms and Conditions apply.
15. Fast Fibre Special
15.1. Package priced at £26.49 for 24 months
15.2. 24-month contract
15.3. Month 25 package and price revert to our standard Fast Fibre package charged at £30.49
15.4. Standard Terms and Conditions apply.
Full Fibre (Fibre to the Premises)
16.1 For new services this may require engineer installation. For the broadband service, you will need to have 2 plug sockets available for the terminal equipment and one for the router.
16.2 For all digital telephone packages; if your home loses power, you will not be able to make or receive calls, this includes emergency calls. In case of emergency, you accept that you may need to use a different method to contact these services, so a mobile device, fully charged will be available to you.