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 orally 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, 44 Springfield Road, Horsham, West Sussex, RH12 2PD) 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 http://www.italktelecom.co.uk/pdf/ratecard.pdf; "Application" means an application to subscribe for the Services; "BT" means BT 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; "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 http://www.italktelecom.co.uk/pdf/code_of_practice.pdf; "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 (charged at local rate from most landlines, calls from mobiles may vary); "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 paragraph 5; "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 at http://www.italktelecom.co.uk/pdf/ratecard.pdf; “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 CPS (Carrier Pre Selection) works from BT Openreach phone lines by routing your phone calls to our Network at your local BT Openreach telephone exchange. By using CPS, all calls (except calls to emergency services, operator assistance and flat rate internet dialup numbers) will be routed to us automatically.
1.2 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 will come to an end. You can apply to move your existing telephone number to our Network, or obtain a new telephone number.
1.3 By choosing italk Telephone and Broadband Services you are entering into a 24 month contract. You may cancel the contract at any time up until 12pm on the working day immediately before the Activation Date by calling the Customer Care team, or in writing at our registered address. However, please note that italk cannot process any cancellation that arrives after this time. It is your responsibility where giving written notice to ensure such notice arrives before 12pm on the working day immediately before the Activation Date.
Visit www.italktelecom.co.uk/media/pdf/italk-cancellation-form-59.pdf for further information.
1.4 We reserve the right to refuse your application at our sole and absolute discretion.
1.5 If we believe it necessary, we may carry out a credit reference check against your name.
1.6 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.
1.7 When we receive the relevant Network operator’s acceptance of your request, we will send you written confirmation of the Activation Date.
1.8 You must be at least 18 years old to apply for any of the telephone and broadband Services.
1.9 You agree that all details contained on your Application shall be true, accurate and complete and, you are the BT Line Rental Account Holder or have the BT Line Rental Account Holder’s authorisation.
1.10 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 an early termination charge will apply. This charge will be based on the outstanding period of your contract term. Details of our termination charges can be viewed on our website www.italktelecom.co.uk/media/pdf/UK-Rates.pdf
1.11 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 the Customer Care team. Such access may be subject to credit status and may require a deposit.
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 We do not guarantee that the Services we provide will be fault free or available at any particular time or continuously. You accept that BT Openreach does 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 BT while they are carrying out any setup or ongoing programming or call routing work.
2.3 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.
2.4 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.
2.5 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).
2.6 For Broadband customers, you are fully responsible for:
2.6.1 Connecting a suitable microfilter to the Carriers master socket (and any extension sockets) at your premises; and
2.6.2 Connecting a suitable router/modem to the relevant port on the microfilter.
2.7 We accept no liability whatsoever for any loss you or any third party may suffer as a result of:
2.7.1 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
2.7.2 any faulty Customer Apparatus, notwithstanding any list of suitable Customer Apparatus which we may publish on the Website.
2.8 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 the Customer Care team.
2.9 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.
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 9.3.1;
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 to our Customer Care team) 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.
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 Certain italk broadband packages include unlimited data. As is standard industry practice, this is 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 http://www.italktelecom.co.uk/media/pdf/ratecard-3.pdf 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, if so these fees will be payable quarterly in advance, you will be billed for these within 30 days of activation. A fixed connection fee will apply to all chargeable calls, as stated in your italk package. Chargeable calls may be billed monthly.
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 11 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.
5.7 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 you go beyond the credit limit, you may be liable for interest and charges. For details of all such current charges please see our Rates published on the Website.
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 you.
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.
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.
5.15 Unless we agree otherwise with you: a) we will charge a processing fee for any failed or cancelled Direct Debit payments and payments which you make other than by Direct Debit; and b) 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 http://www.italktelecom.co.uk/media/pdf/ratecard-3.pdf
5.16 If you disagree with any item on your invoice, you must notify the Customer Care team in writing within 30 days of the date on 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 Your personal information and privacy
6.1 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.
6.2 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 the Customer Care team.
7 Warranties and Liability
7.1 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.
7.2 Except as expressly stated herein, we shall not be liable to you under or in connection with this agreement:
7.2.1 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;
7.2.2 for any loss of business, contracts, profits, anticipated savings, goodwill, or revenue; and/or
7.2.3 any loss or corruption of data.
7.3 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.
7.4. For any Equipment provided to our broadband customers you must return any Equipment that:
7.4.1 you report as faulty; and/or
7.4.2 we recall as it may need replacement for technical reasons.
7.5 With every modem, router, filter or cable supplied by us we will:
7.5.1 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 such delivery); and
7.5.2 provide a returns process as follows: you should notify us of any fault in the Equipment by telephoning 0845 373 4290 or emailing us at [email protected]; and
7.5.3 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.
7.6 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.
7.7 Notwithstanding Clause 7.6 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:
7.7.1 to keep the Equipment at the premises and not to move it;
7.7.2 to comply with the manufacturer's instructions relating to the Equipment and/or all instructions we may notify to you;
7.7.3 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
7.7.4 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.
7.8 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.
8.1 All customer disputes and complaints shall be dealt with in accordance with the procedures set out in our Code of Practice (http://www.italktelecom.co.uk/code-of-practice) and we will seek in good faith to resolve them with you.
8.2 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, you may be able to 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.
9 Ending the Service or Moving Home
9.1 You may terminate your contract at any time in writing. You may be liable for a termination charge pursuant to clause 1.10 (please see the Rates section of the Website at http://www.italktelecom.co.uk/media/pdf/ratecard-3.pdf for full details).
9.2 From the Activation Date, we will provide the Service to you unless and until they end in one of the ways described below.
9.3 We can suspend or end the Service immediately if:
9.3.1 you break any of these terms and conditions;
9.3.2 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;
9.3.3 for reasons outside our control, we cannot continue to provide the Services; or
9.3.4 you use abusive or threatening behaviour while using the Service (including to our customer service agents).
9.4 If we end our contract with you under clauses 9.3.1, 9.3.2, or 9.3.4 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 the circumstances, be liable for an early termination charge pursuant to clause 1.10.
9.5 If we cease providing the Services under clause 9.3.3 we will seek to give you at least seven days’ notice in writing in so far as is reasonably practicable in the circumstances.
9.6 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.
9.7 If you move home within the UK, you may be able to continue to receive the Service with us on your new line; or 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.
9.8 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.
9.9 We will in most cases charge you reasonable costs for moving the Service to your new address, which will vary according to your set-up. For further details please see the Rates published on the Website at http://www.italktelecom.co.uk/pdf/ratecard.pdf.
10 Contacting us
10.1 Written notices given under this contract may only be delivered by post or email
10.1.1 to us at the relevant address given on our contacts page located at www.italktelecom.co.uk/contact
10.1.2 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 italk.
10.2 Notices given under this contract must be made to the Customer care team by telephone or in writing.
11 Changes to the Contract
11.1 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.
11.2 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 or charges to your material detriment by more than 10% at any one time 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 notification of the relevant change.
11.3 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, but only in accordance with clause 1.10 above.
12.1 You cannot assign (transfer) your rights or responsibilities under this agreement without our permission in writing. We may refuse our permission.
12.2 Neither party shall be considered to have waived any right under these terms and conditions due to failure or delay in exercising that right.
12.3 Unless these terms and conditions say otherwise, any notice, invoice or other document given to you here under 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.
12.4 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.
12.5 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.