Terms and Conditions
The information you provide will be used by Service F1rst Ltd to supply you with the services for which you apply and will not be disclosed without your permission unless required by law.
Terms and Conditions
1 Basis of Contract
1.2 Requests for services leading to a contract which are not expressed to be subject to these conditions shall still be subject to them.
1.3 No oral warranties or representations shall bind us. You acknowledge that you do not rely on any representation and/or warranty that has not been made in writing and no variation to this contract shall be effective unless in writing and signed by one of our authorised representatives.
1.4 Details and/or specifications in brochures and price lists produced by us are intended as a guide and general approximation of the services only. You confirm that you have not relied upon details or information contained within our brochures unless we have confirmed their accuracy to you in writing.
1.5 This Contract is effective once we accept your application for services and it will continue unless or until terminated in accordance with clause 8.
2 Connection and Supply of Services
2.1 We will arrange to transfer you from your current communications service to the service. You authorise us to arrange the termination of your existing contract for equivalent services with your existing communications service provider and to obtain (on your behalf) any relevant information from your existing communications service provider, which is necessary to connect you to the Service. You may cancel this Contract, at no charge, if you notify our customer services department in writing within 10 days starting from the day after the date of our acceptance of your application for the services. You cannot cancel this Contract after the commencement date. We cannot guarantee that the services will be ready on a particular date and we will have no liability for any failure to provide you with the services by any estimated date of connection.
2.2 You remain liable to the access provider for charges they may levy against you. Where you subscribe to the Service F1rst Line Rental Service We will be the access provider and we will raise and bill you for call charges in respect of all calls made by you and line rental as specified on the price list.
2.3 We will provide the service to you with reasonable skill and care in accordance with this contract. However, the service may be affected by things outside of our control such as faults in other communications networks, and we do not guarantee the prevention or detection of unauthorised attempts to access the service or that the service will be fault free all of the time.
2.4 We may refuse to connect you to the service if any of the information you provide to us is inaccurate, incomplete or misleading. You are responsible for providing to us all information we request and for the accuracy of that information. You must inform us in advance of any changes to your information.
2.5 We will connect you to the service if you meet our financial and other requirements. In making our decision to connect you to the service you consent to us making a search, following the cooling off period specified in clause 3.1, in the files of a licensed credit referencing agency, who may record the search. If You do not meet our requirements we may refuse to connect you to the service, and this contract will automatically terminate.
2.6 We may change, at any time without notice, which networks to use to route your calls and we may choose to vary the means by which you access the services.
2.7 You shall have no right to reject the services (other than in accordance with clause 3.1) and you shall have no right to rescind for late performance unless the due date for performance has passed and you have given us written notice requiring performance and giving us not less than 14 days in which to do so and that notice has not been complied with.
2.8 If you refuse to allow performance of the services (other than in accordance with clause 3.1) then we may withhold performance of any other services and to treat this contract as repudiated by you and we may rescind this contract.
2.9 Where appropriate you will allow and/or procure sufficient access to our employees, sub-contractors and/or agents to allow them to install and/or connect the services and/or correct any fault in the services. You will ensure that the site where the installation and/or connection work is to be performed is cleared and prepared and is a safe working environment.
2.10 Any gifts, marketing incentives, sales offers and/or loyalty rewards which we may give, offer and/or award to you are given by us at our sole discretion and we may, at our sole discretion, withdraw such things immediately and at any time upon notice to you either in writing or by posting notice on the website.
2.11 We are not responsible for entries in any telephone directory existing at the commencement date. However, We will use reasonable efforts to amend any errors:
2.11.1 In the electronic versions of the relevant directory, as soon as practicable; and
2.11.2 In any paper or hardcopy of the relevant directory within 13 months; after receipt of your written notice of the error.
3. Use of the Services
3.1 You must not use the Services:
3.1.1 for sending any messages or communications which contain offending material; and/or
3.1.2 to harass, annoy, inconvenience or cause needless anxiety to any person; and/or
3.1.3 in the course of, to facilitate and/or for the purpose of pursuing any permanent and/or regular business activity; and
You must not encourage, request or permit anyone else to use the services in this way. Business customers accepted.
3.2 This Contract is personal to you, and the service is provided solely for your personal use. You must not resell, sub-licence and/or transfer this contract and/or use of the services to anyone else without our consent in writing.
3.3 You agree to pay us all costs (including all reasonable legal or recovery costs) expenses, liabilities (including any tax liability), injuries, losses, damages (including damage to or loss or theft of our Equipment) claims, demands and judgements which we suffer arising as a result of any use of the services in breach of this contract by you or arising as a result of a claim by a third party that your use of the service, other than in strict accordance with this contract, infringes their intellectual property rights.
3.4 We may co-operate with the police and any other relevant authorities in connection with any misuse or suspected misuse of the services or other communications services and you consent to us co-operating with any other communications operators for this reason. Where required to do so by law we may divulge your name, address and account information to such third parties.
3.5 Where you are using the services fraudulently and/or your application is fraudulent, We may recover from you any costs of any investigation into such fraudulent use or application including increased administration costs and any legal costs.
3.6 You will:
3.6.1 Use the Services in compliance with any and all legislation, regulations, codes of practice and/or use, licences; and
3.6.2 Immediately report to us any fault you become aware of. When you notify us of a fault in the services We will endeavour to correct that fault as soon as practicable.
3.7 Where You make a telephone call by dialling the “BT Break Out Code” (1280) and You have the Service F1rst Line Rental Service, We will raise call charges in respect of that call at the then current standard BT day time retail rate or at our then current call charge rate, whichever is the higher, for the telephone number dialled.
4 The Charges
4.1 You will pay Service F1rst, in addition to any other fees due under this contract, the charges calculated in accordance with the Price List and shown on the Bill.
4.2 We may increase the charges from time to time to reflect the increases in the Retail Price index or our costs by giving You 5 working days notice before such increase takes effect. You may terminate this contract, where charges have been increased, provided your written notice of termination is received by us before the increase becomes effective.
4.3 The charges are inclusive of any applicable Value Added and/or other tax (which may be applicable to the services from time to time) for which you shall be additionally liable. Where you discharge your account other than by Direct Debit Service F1rst may levy an additional payment processing fee.
4.4 We may from time to time set you a reasonable credit limit. Changes in your credit limit will be notified to you from time to time. We may require a prepayment before reconnecting you or any exchange line to the service if we have previously disconnected you for non-payment.
4.5 We may refuse to accept your requests for services and/or to suspend the provision of the services if such request or provision would result in your exceeding your credit limit or the credit limit is already exceeded.
5 Billing and Payment
5.1 You agree to pay Service F1rst by Direct Debit all charges due to us within 14 days of the date of the bill. If you fail to make any payment in full on the due date we may charge you any reasonable additional administration charge and/or interest (both before and after judgement) on the amount unpaid at the rate 2.5% above the base rate from time to time of HSBC Bank plc. Such interest shall be compounded with monthly rests. If you fail to pay any charges by the due date we may temporarily suspend services without warning. We will restore the services after you pay all charges including any additional charges specified. Our current administration charges are available upon request.
5.2 If You use an alternate service provider to route your calls before connection to, during use of or after the termination of the services and this is not effective you remain liable to pay Service F1rst for all charges raised by us in respect of your usage of the services whether incurred intentionally or inadvertently.
5.3 We will have no liability for delays in the billing of any charges. Any delay that occurs does not effect your responsibility to pay.
5.4 If you fail to pay charges when due, we may completely disconnect you from the network in accordance with our disconnection policy, which is available upon request and also on our website. Reconnection will be at our sole discretion and will be subject to this contract. You remain liable to pay all charges due even if services have been restricted, suspended, disconnected or terminated for non-payment.
5.5 Any monies received by Service F1rst from you may be applied by us at our discretion against any additional administrative costs and/or interest charged prior to application against any principal sums due from you against which it may be applied in any order.
5.6 You shall pay to Service F1rst all sums due to us under this contract without any set-off, deduction, counterclaim and/or any other withholding of monies, other than as required by law and you shall not assert any credit, set-off or counterclaim against us and/or Service F1rst (in respect of any undisputed amounts) in order to justify withholding such amount in whole or in part. If you want to dispute an item on the bill, You must do so in writing within 30 days of the date of the relevant bill
5.7 . If You do not inform us in advance of changes in your information, as required by clause 3.4, you remain liable for all charges incurred through the usage of the services by any third party using your telephone number and become liable for any reasonable costs we or our agents incur in determining your new details or whereabouts.
5.8 You are the only person with whom we are authorised to discuss matters relating to your account. We will not disclose information if we feel that we have not received sufficient proof of your identity when you speak to us. If you require a second person to be able to discuss your affairs with us it is your responsibility to provide us with the written authority we require. If you require previously notified second persons to be removed from access to your account, you must notify us in writing.
6 Payment Processing
6.1 Service F1rst processes all payments made under this contract and you agree that Service F1rst will charge you the payment processing fee. The overall amount you pay is not increased provided payments are made by Direct Debit. Payments made by, credit or debit card or any other form of payment card may be subject to the additional payment processing fee of 2.9%, and charged in addition to any amount you owe us for the services and any payment processing fee.
7.1 We may end this Contract immediately if:
7.1.1 You are in breach of this Contract and the breach is incapable of remedy;
7.1.2 You are in breach of this Contract and, where capable of remedy, you do not remedy the breach within 7 days of our notice requiring you to do so;
7.1.3 The contract between us and BT or any other relevant communications service provider enabling the provision by us of the Service, is cancelled or terminated;
7.1.4 You do not pay the bill on time and/or any Direct Debit instruction submitted fails and we have followed our disconnect policy to it's conclusion;
7.1.5 You use the service otherwise than as specified by this contract and/or any other written instructions/guidance issued by us from time to time;
7.1.6 You are declared bankrupt or enter into any agreement with your creditors; and/or
7.1.7 We are required to end this contract by a competent regulatory authority.
7.2 On termination of this Contract:
7.2.1 All charges owing will become immediately due and payable; and
7.2.2 You will pay Service F1rst all outstanding charges due to us under this contract up to and including the date of termination or disconnection including any charges which may not yet have been billed; and
7.2.3 If you have made a prepayment we will return it to you after deducting any unpaid charges. Requests for repayment by you must be made in writing.
7.3 You may terminate this contract at any time by giving us 30 days written notice which shall begin from the date we receive your notice.
7.4 On termination of this contract you will arrange the transfer of your calls back to the access provider with effect from the date on which the notice in clause 8.3 expires. If you do not do this your access to communications services may be suspended.
7.5 You will not arrange the transfer of your calls back to the access provider or any alternate operator before you have served us with written notice of termination. If you do not notify us, your access to communications services may be suspended. Where you subscribe to the Service F1rst Line Rental Service and subsequently transfer your calls to another access provider, we may at our discretion, terminate the entire contract with you immediately upon notice.
7.6 Termination of this contract in accordance with this clause 8 will not prejudice or affect any right of action or remedy accrued to either party and all provisions which are intended to survive termination, either expressly or by implication, shall remain in full force and effect and continue to apply following termination, including, without limitation, clauses 5,6,7,8.2,8.4,8.5,9,10 and 11.
8.1 We may temporarily suspend all or part of the services for operational, emergency, security, repairs and maintenance and/or improvement purposes as required. We will endeavour to give you notice of any such suspension.
8.2 We may suspend provision of the Services immediately if:
8.2.1 You do not pay us any sums when due;
8.2.2 We believe that you are in breach of this Contract;
8.2.3 We have reasonable grounds to suspect that the Services are being used fraudulently; and/or
8.2.4 Your Direct Debit instruction is cancelled or any payment being made by Direct Debit fails.
8.3 While the Services are suspended you will still have to pay all charges due and any other reasonable costs and expenses which we may incur as a result of such suspension and any subsequent reconnection of the services.
8.4 Where the services have been suspended or terminated, any telephone number used by you will be automatically returned to BT and we cannot guarantee that the telephone number will be available for your use in the future if the services are reconnected.
9 Limitation of Liability
9.1 We accept liability for damage to your property, if the cause is our fault, up to £1000. We accept liability for any other direct loss or damage, if the cause is our fault or is caused by our failure to comply with this contract, up to £2000.
9.2 Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which we are not permitted to exclude or limit as a matter of law. Nothing in this contract shall affect your statutory rights as a consumer.
9.3 We shall have no liability to you in respect of any act, default or delay by the access provider in carrying out their obligations necessary to enable us to provide the service, however, we will pass on to you a proportion of any refund or credit we receive from the access provider.
9.4 We shall have no liability for any indirect or consequential losses, pure economic loss or loss of income, special damages or loss of opportunity or contracts.
9.5 Each of the limitations and/or exclusions in the Contract shall be deemed to be repeated and apply as a separate provision for each of:
9.5.1 Liability for breach of Contract;
9.5.2 Liability in tort (including negligence);
9.5.3 Liability for breach of statutory duty; and
9.5.4 Liability for breach of Common Law except clause 10.1 above which shall apply once only in respect of all the said types of liability.
9.6 We shall not be liable for any charges you incur if you route your calls to the access provider or another communications operator during any period when the services are not available. You are under a duty to keep any loss, damage, costs and/or expenses that you may suffer to a minimum.
10.1 We will not be liable to you for any non-performance of our obligations under this contract due to acts of God, war or national emergency, riots, civil commotion, fire, explosion, flood, epidemic, strikes, lock-outs (whether including our workforce or the workforce of any other party) and other industrial disputes, acts of government, highway authorities, communications operators or other competent authorities, Government emergencies or inability in obtaining supplies or services from the access provider and/or other third parties or due to any cause beyond our reasonable control.
10.2 We may change these conditions at any time upon 7 days notice (either in writing or on our website) in order to comply with laws or rules or any change in our licence or if there is any change to the services. We may transfer any of our rights under this contract to any third party on notice to you.
10.3 No waiver by us of any breach of this contract or any rights and/or failure to pay charges payable under this contract shall be considered as a waiver of any subsequent or future, breach of the same provision or any other provision, rights and/or non payment of charges payable under this contract.
10.4 If any provision of this contract is found by any competent authority to be illegal, invalid or unenforceable in whole or in part then that provision shall, to the extent required, be deemed not form part of this contract and the validity of the remainder of this contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
10.5 This contract is personal to you or your company and may not be transferred to anyone else without our agreement in writing. We may transfer any of our rights under this contract to any third party.
10.6 Any notices given under this contract must be in writing (unless otherwise expressly specified) and must be left at or delivered by pre-paid mail to the address shown on the most recent bill or at our registered office as appropriate.
10.8 All third party rights are excluded and no third party shall have any right to enforce this contract. This shall not apply to members of our group from time to time who shall, subject to our consent, have the right to enforce this contract as if they were us. Any right of a third party to enforce this contract may be varied and/or extinguished by agreement between the parties to this contract without the consent of such third party.
This Contract is governed by English law and any disputes will be settled in the courts of the United Kingdom. (Version 14/10/04)
Data Protection Act 1998
By reference of the Data Protection Act of 1998 Service F1rst Limited reserve the right to appoint third party suppliers, debt collection and tracing agents to assist with the processing of this application and in the event of any future default of any terms and conditions.