This Contract sets out the terms on which Union Calls Limited (registered in England & Wales with number 09391781) will provide telecommunications services to you, the Customer with whom we make this Contract ("you"). By using any of our Services or any Equipment provided by Union Calls Limited you confirm you agree to the terms of this Agreement so you should read them carefully.
Please contact our Customer Service Team.
• By phone: 02036 330 131 during office hours between 09:00am- 05:00pm Monday to Friday. (Except Public Holidays & Bank Holidays)
• By e-mail: firstname.lastname@example.org
• By letter: Union Calls Limited Lytchett House,13 Freeland Park,Wareham Road,Poole,Dorset,BH16 6FA Or via our website www.unioncalls.co.uk
Our products and services
• Landline calls
• WLR -Wholesale Line Rental
• Broadband Bundled
For more details on any of our products and services, or to place an order immediately, please contact our Customer Service Team on 02036 330 131.
1.1 In this Contract:
"Acceptable Use Limit" means rules, limits or restrictions for the use of the Services as may be revised by us from time to time and may be set out in any service literature.
"Associates" means in relation to a party to this Contract (at the relevant time), any company which is a Subsidiary or a Holding Company or which is a Subsidiary of any such Holding Company from time to time (where 'Subsidiary' and 'Holding Company' have the meanings given in section 736 of the companies Act 1985).
"Authorization" means the authorization to act as a public electronic communications network or service provider under the Legislation.
"Administration Charge" means such costs incurred in processing, preparation and submission of the service order (including without limitation to any charges payable to the Third Party whether under the Data Protection Act 1998 or otherwise in order to obtain details relating to such processing, preparation and submission of the service order) incurred by Union Calls until the time that the Customer terminates the agreement with Union Calls.
"Billing Period" means any period in respect of which we will bill you from time to time for your use of the Services.
"Broadband Plan" means the monthly tariff which you select at the time you sign this Contract.
"Broadband Service" means the high speed "always on" network access to the internet provided in accordance with the particular type of Broadband Plan chosen by you and supplied to your Premises via the Network and which is provided in accordance with the terms of the Contract.
"BT" means British Telecommunications Plc of 81, Newgate Street, London EC1A 7AJ.
"Call Charge" means a charge for units of time cost at the rates set out in the Price List.
"Charges" means the charges payable by you to us for the provision of the Services as set out in the Contract (which includes Call Charges, Connection Charges, Minimum Call Charges, Monthly Charges, Support Services and, where applicable, the Domain Name Price) or any revised changes notified to you in accordance with clause 4, together with all applicable taxes and any interest due in accordance with clause 4.
"Committed Period" means, in respect of each Service (except Website Services), the minimum period of twelve (12) calendar months or eighteen (18) calendar months or (24) twenty-four months which ever is applicable, for which a Contract for each Service will run commencing on the Connection Date.
"Connection" means the connection of the Services to the relevant Network.
"Connection Charge" means the sum to be charged for connection to the Services as set out in the Price List.
"Connection Date" means the date of the connection of the Service(s)
"Contract" means this contract application between Union Calls; the Customer for the provision of the Services subject to these terms and conditions, as agreed over the telephone, completed in person or on our website by the Customer or on the Customer's behalf.
“Contract length” Means the minimum term for each service you order is specified in the Confirmation Letter that we send you by post (or email). You can terminate the Agreement (or any of our Services) after the end of the relevant Minimum Term (or Renewal Term agreed with you) by giving us 30 days notice.
“Cancellation Fees” Means You will be charged a Cancellation Fee if you terminate the Agree ment (or a Service) without cause, before the end of any relevant Minimum Term or Renewal Term (or if we terminate it due to your breach of the Agreement) . Other Charges may apply.
“Payment” Means You shall pay our invoices by direct debit. You may be charged an administration fee for any monthly payments tendered by other means. If you do not pay any of our invoices you may incur an administration fee that will be included on your next monthly bill. Other Charges may apply.
"Cooling off Period" means the period of ten (10) Working Days from the Start Date of the Contract during which you may cancel it.
"Credit Limit" means a monthly financial limit applied for Charges incurred under this Contract.
"Customer Services" means the Customer Services facility provided by Union Calls for you to report any faults with the Services or make general or account enquiries contactable by phone, details of which are set out on Our Website and available between the hours of 9.00 am and 5.00 pm, Monday to Friday (except public holidays and bank holidays). All calls may be monitored and recorded for training, quality assurance and security purposes;
"Denial of Service Attacks" means any attacks to the Network on which the Broadband Service is provided or any other third party's network, the purpose of which are to attempt to prevent legitimate users from using or enjoying the benefit of the Broadband Service or any other similar service (as the case may be), including but not limited to, attempts to 'flood' the Network (or any other third party's network) or to disrupt users from connecting to, accessing or using the Broadband Service.
"Fair Use Policy" means our policy for the use of the internet related Services and call packages as set out on Our Website, as may be revised by us from time to time by posting any updated version on Our Website.
"Fixed Line Plan" means the monthly tariff which you select at the time you sign this Contact.
"Fixed Line Services" means the fixed line services provided to you by us under the terms of this Contract enabling you to make and receive calls over the Network.
"Inclusive Calls" means a call lasting up to 60 minutes made by you to any local or national numbers from landline to landline in the case of Fixed Line Services
"Union Calls" means Union Calls Limited (registered in England & Wales with number 9391781) at Lytchett House,13 Freeland Park,Wareham Road,Poole,Dorset,BH16 6FA.
"Legislation" means any applicable legislation, authorizations, permissions, rules, regulations, orders and guidelines relating to the provision and/or marketing of the Services and includes without limitation the Communications Act 2003, the Telecommunications Act 1984, the ICSTIS Code and/or any directives or other requirements issued by OFCOM from time to time.
"Line Extras" means any other facilities that we agree to provide to you under this Contract that are additions to the Line Rental Service (such as call divert).
"Line Rental Service" means the Service we may agree to provide you to allow you to rent access to the main telephone line and shall include Line Extras where we agree to provide these to you.
"Network" means the electronic communications network(s) over which we provide the Service(s). "OFCOM" means Office of Communications.
"Our Website" means the website located at www.unioncalls.co.uk or such other website as may be notified to you by us.
“One-off Charge” means charge only for once or one time.
"Personal Data" has the meaning ascribed to it in The Data Protection Act 1998, as amended from time to time. "Premises" means the mainland UK premises that we agree with you where we shall provide you with the Service(s).
"Price List" means a list of our current prices including (but not limited to) details of Connection Charges, charges for monthly access and related services and calls which is available on our website or can be sent in writing by post up on request by calling our Customer Services.
"Re-grade" means a change to the type of Broadband Plan that you subscribe to in accordance with these terms and conditions, resulting in an upgrade or downgrade to the Transmission Speed of the Broadband Service you receive.
"Recorded Conversations" All inbound and sales calls are recorded for training and quality purposes. Sales calls will be used to substantiate contract issues.
"Service Failures" means any failure, error or defect in the provision of the Services by us but excludes failures, errors or defects arising from, caused by or contributed to by your acts or omissions or third parties acting on your behalf including other providers of telecommunications, computers or other equipment or services including internet services or any failure, error or defect arising as a result of causes beyond our reasonable control.
"Service Level" means in relation to a Service means the performance standard, if any, set out in the Contract. "Service" means any one of the services described in a Contract and "Services" means any combination of two or more such services.
"Service Surcharge" means an additional amount added to the usual charge or cost of the goods or services.
"Software" means the software provided by us to you for the purposes of enabling you to use the Services including all associated documentation.
"Start Date" means the date upon which you either sign this Contract or if you have ordered the Services over the telephone or via the internet, the date upon which you set up your Contract.
"Setup Fee" means an initial fee that is charged by Union Calls to set up an account or/and service
"Third Party Operator" means the electronic communications network or services provider through which we provide our Services.
"Transmission Speed" means either the rate in kilo bits per second (kbps) or millions of bits per second (Mbps) that data is transferred between two modems. Your transmission speed is that specified in your Broadband Plan.
"Welcome Pack" A welcome pack is sent to all customers; however we cannot be held responsible for loss of post. Our full Terms of conditions are available on the website. If a customer does not receive the welcome letter they are still bound by the terms and conditions.
"Working Day" means a day which is not a Sunday or a bank or public holiday in United Kingdom.
"You" "Your" or "Customer" means the person or entity with whom we are entering into this Contract and whose details are included in the contract application forming part of this Contract.
1.2 Words in the singular shall include the plural and vice versa and references to legal persons shall include natural persons and vice versa.
1.3 The headings in these conditions are intended for reference only and shall not affect their construction.
2) Your Right to Cancel the Contract
A) Cooling-off Period - Your right to change your mind
If you change your mind after you have requested Union Calls's Phone/Broadband deal, you retain the option to cancel the service without penalty, within 10 working days of you agreeing to the services.
B) Contract Term
This contract will run for the duration originally specified, on the application form you have signed or agreed to over the phone (initial period) 12, 18 or 24 months whichever is applicable, unless and until either party gives notice of termination. If you terminate within the initial period, or any subsequent renewable period, you will be liable to pay a termination fee as specified in clause 2(d.2).
You will be charged for line rental, call packages, calls and all other services as per the rates shown in our price list. All prices are shown excluding VAT. (full price list is available at www.unioncalls.co.uk) or it can also be availed in written, by writing a letter to Union Calls Limited Lytchett House,13 Freeland Park,Wareham Road,Poole,Dorset,BH16 6FA. All charges for phoneand broadband packages and other service related charges will attract VAT and/or 10% (percent) Service Surcharge of the gross payable bill
D) Ending your service early
1) If you wish to end your contract with us after the cooling off period, you may do so at the end of any contracted period, provided you give us a minimum of 28 days prior notice [i.e. during month 17 of a 18 month contract, or during month 23 of an 24 month contract].
2) If you wish to end your contract with us in between the agreed contractual period, you will be liable to pay a termination fee. The termination fee for land line phone will be £14.99(Monthly Line Rental Charge) AND for broadband will be the monthly package, excluding VAT, for every part and full month remaining to the end of the contract period, or subsequent renewable period.
3) Cancellation of your direct debit does not constitute notice of termination of the Agreement by you, but we reserve the right to terminate the Agreement immediately if you cancel your direct debit for the payment of the Services and/or you chose another payment method.
3 CONTRACT TERM & DURATION
This agreement will automatically run for the duration originally specified on the application form you have signed or agreed to online or over the phone. We will notify you when your initial contract period ends and offer you a renewal for a further 12, 18 or 24 month period. If you terminate within the initial contracted period, or any subsequent renewable period, you will be liable to pay a termination fee as specified in above section 2(d.2). You also acknowledge that in order to avoid delays occurring in the ordering process, Union Calls will be notified by BT, or, Where applicable of any products or services presently in use on your line that are incompatible with the telephone and broadband service. BT, or, Where applicable is under a strict duty not to disclose information about a customer's telephone services to a third party unless the customer has consented to such disclosure. In signing this agreement you give consent to BT, or, Where applicable to disclose such information to Union Calls. You also give Union Calls authority to act on your behalf to arrange and maintain connection onto Union Calls services.
A) Broadband Services
1) We will provide you with the Broadband Service with the reasonable care and skill of a competent internet service provider and in accordance with the terms of this Contract.
2) To place a Contract to receive and use the Broadband Service you will need:
3) an existing BT or any other non-cable network telephone line;
4) a personal computer of minimum specification; and
5) compatible cables and extension leads between your PC, modem and telephone socket. Other than the Equipment/and or Hardware that we may supply to you and which you may use in accordance with clause 7 of these terms and conditions, the Broadband Service does not include the provision of any line rental, telephones or other equipment and/or hardware and we do not provide a maintenance service. You will need to continue paying us or your existing telephone service provider for the rental of your line and all call charges and other relevant telecommunications services supplied to you.
6) Before we can confirm that we will provide you with the Broadband Service:
7) your telephone line will need to be tested and checked to ensure that the Broadband Service is available in your area;
8) your telephone line will also need to be checked to see whether the Broadband Service can be activated. If any work needs to be done to your telephone line at your Premises to enable you to receive the Broadband Service, you must arrange for us, BT or, where applicable, the other non-cable network to do this work for you. This work must be done before we can accept your Contract and you will be responsible for any and all costs, charges or expenses payable to us, BT or, where applicable, the other non-cable network in respect of this work; and
9) you must cancel any other broadband access service supplied by another company through BT or, where applicable, other non-cable network telephone landline that you wish to use to receive our Broadband Services. If you are migrating to our Broadband Service from a third party provider of an alternative broadband service, you will need to obtain a Migration Authorization Code ("MAC") from that service provider. This MAC will be valid for 30 days from the date of issue and can only be used once. It is your responsibility to obtain this code and to ensure that you provide it to us in sufficient time to process your migration. We will not be responsible for any delay, costs, expenses, loss or damage arising or incurred by you through failure to connect you to the Broadband Service. Your migration to the Broadband Service is subject to any migration charge applicable at the time you place your Contract. Details of this charge are set out on the Union Calls Website) or it can also be availed in written by writing a letter to Union Calls Limited Lytchett House,13 Freeland Park,Wareham Road,Poole,Dorset,BH16 6FA
10) Despite the line tests carried out on your BT or, where applicable, other non-cable network telephone landline referred to at clause
11) above, in certain limited circumstances that are beyond our control this line test may prove false. As a result we will not be able to provide the Broadband Service to you. We will notify you as soon as possible if this occurs and the Contract between us will end. In such circumstances, we will provide you with a full refund for any charges you have already paid us.
12) In certain limited circumstances, we may not be able to provide you with the Broadband Service for technical reasons. If this happens we will do our best to let you know promptly.
13) We will operate a Technical Support Helpline to provide information and advice to you on any technical issues relating to your use of the Broadband Service.
14) Upon activation of your Broadband Service you may experience a temporary loss of your BT or, where applicable, other non-cable network line for which we shall have no liability to you.
(B) CANCELLATION - If you wish to end your contract with us, you may do so at the end of any contracted period, providing you give us advance notice i.e. during month 17 of an 18 month contract or during month 23 of a 24 month contract. If you wish to end your contract with us without giving us the required notice, you will be liable to pay a termination fee as specified in clause 2 (d 2).
4 CHARGES AND PAYMENT TERMS
Union Calls charges you for using the services covered by this agreement. You are charged at the rates specified on the confirmation of your order and/or published in our price lists and updates. Prices can be found at www.unioncalls.co.uk or available upon request for customers without internet access. Please note:
A . charges are calculated from data recorded by us and not from your own records.
B . where a direct debit is unpaid due to insufficient funds or failure to pay bills via direct debit or paid by cheques or cards, a penalty charge of £5 will be included on that bill payment .
C.1. Payments shall be made by Direct Debit only. If a direct debit is dishonored or cancelled we shall reserve the right to terminate your service until all due payment are made in full and be entitled to pass on to you our administration charge of £5 late payment fee, a penalty charge of £5 failure to pay by direct debit or payment made by cheques or cards, plus any third party charges, such as debt collection agency fee's (this will be 20% of the debt applicable outstanding plus £100 per visit should this be necessary).
C .2. If we suspend the Service and agree to reconnect you when the debt is fully paid, you will have to pay a service reinstating charge of £30.00 per line suspended to non-payment. We shall also be entitled to charge you a monthly administration fee of £5 for each month in which your direct debit is dishonored or not reinstated following cancellation. Details of applicable fees are set out on Our Website. We may charge interest on all overdue amounts from time to time on a daily basis at a rate of 2% above the base rate of the Royal Bank of Scotland plc, to run from the due date of payment until receipt by us of the full amount (including any accrued interest) whether before or after judgment in respect of the overdue amount.
C .3. Any invoices which are disputed must be done so within 1 month of the date of issue otherwise the invoices will be deemed to be correct. If you wish to dispute an invoice you must write to us and provide us with (i) nature and reason for dispute, (ii) amount in dispute, (iii) any evidence to support the disputed amount.
D . We may change our prices (upwards as well as downwards) but will Endeavour to inform you at least 14 days in advance of any change we are making. From date of notification by us you have 14 days in which to cancel without breach of contract. However continued use of the services after the effective date of the changes without any notification shall constitute acceptance.
E . Where your account is in arrears, a call restriction is in place or the payment on the account is not Direct Debit, we reserve the right to not calculate any price comparison and as such apply no discounts under the Price Tracker (if applicable)
F. Unless we advise otherwise our charges exclude VAT at the prevailing rate, which you must pay.
G . A One off "Setup Charge" of up to £39.99 may apply to all new customer signing up with Union Calls for Line Rental & Calls services. Detailed itemized Paper bill are chargeable and is available at our price list at www.unioncalls.co.uk. You can choose to opt for email billing, which is free of any charges. Any additional call feature for e.g. Caller Display, Call Minder and other support features are chargeable as per our full price list available at www.unioncalls.co.uk. These may also be sent out to customers in written by post upon request.
H . Union Calls reserves the right to apply charges for late payment or payment not made by Direct Debit and any associated charges incurred. These charges include debt collection fees. Union Calls reserves the right to bar outgoing calls or services, until any outstanding amounts are paid.
I . cancellation of the direct debit does not constitute notice of cancellation of the agreement and outstanding balances are liable for payment under the terms of this agreement
J. Upon transfer to the Union Calls service a call bar preventing calls being made to Premium Rate numbers may be applied. This may be applied for an initial 90 days to protect both the customer and Union Calls from potential unauthorized use. After 90 days the bar can be removed if requested but Union Calls reserve the right to request a security deposit if the customer does not meet Union Calls credit criteria.
K . Savings based on typical usage of 50,000 customers. Savings are approximate.
L . Savings calculated against reasonable alternative BT product. Information is for guidance only and does not constitute any contractual representation or warranty. Liability for errors, omissions or consequential loss is expressly disclaimed.
M . All prices shown on the website excludes VAT, discounts, special offers, promotions, package charges etc. and is subject to online application only.
N. Call Charges for calls outside of your inclusive minute allowances (both UK and International) will then be rounded up to the nearest whole penny and will be charged to you at our then current rates specified in our Price and Tariff Guide. In addition, 10 pence per call connection Charge will apply to all non-inclusive calls.
O. Some phone & broadband connections with Union Calls may have part of the service carried on other networks.
P. The speed offered is subject to the quality of your line and the ability of your local exchange to provide this connection speed.
Q. Fair usage policy applies.
R. All monthly charge is paid in advance by Direct Debit.
S. All prices are exclusive of VAT (Value Added Tax rate 20%), unless otherwise stated.
We agree to provide you with the service as specified on the confirmation of your order subject to the provisions of this agreement. You agree:
A. to use the services in accordance with this agreement, any reasonable instructions given by us from time to time and any laws, regulations and licenses which apply to the use by you of the services;
B. not to allow an alternative supplier to override or bypass our service either through installation of equipment or the BT local exchange;
C. to be responsible for any engineering reprogramming costs or equipment removal costs that may be required to terminate the service of any previous supplier;
D. not to use the service either landline or Broadband to transmit any material which may be abusive, offensive, obscene, indecent, menacing, defamatory or which might cause annoyance, inconvenience or needless anxiety to anyone or to commit a fraud or other criminal offence; and
E. not to re-supply or re-sell or otherwise make services available to any person on an arms length commercial basis and not to use the service in any way or for any purposes prohibited by law.
F. to ensure that any broadband equipment used to access Union Call’s broadband is compatible to the service.
G. to use the Union Calls service in compliance with the Union Calls Fair Usage Policy which Union Calls may notify to you from time to time and maintain site traffic volumes. Clause 6 may be exercised if you fail to comply with these requirements and/or utilize the service in a way that severely affects Union Call’s servers, equipment, network and the ability to provide its services to other customers.
H. to maintain full responsibility for all use of your home phone and broadband account. If you suspect that there is, or has been, unauthorized use of your broadband password or account, you should notify Union Calls immediately and you should change your password.
I. Union Calls does not control the messages, information or files that you transmit or receive through the broadband service. If you have engaged in activities or if Union Calls believes you have engaged in activities which are illegal or prohibited including but not limited to the activities set out below Union Calls may exercise any of the rights set out in clause 6.
J. You must not transmit or receive material which is in breach of copyright or any other intellectual property rights. If you wish to transmit, receive or post material protected by any such rights it is your responsibility to obtain the owner's written permission.
K. You agree, when using the services to observe the provisions of the Data Protection Act 1984 as amended and all other relevant legislation.
L. You shall not knowingly or recklessly transmit or receive material which contains viruses or other code or defects which may cause damage to any computer system or data, or engage in any other activity which is in breach of the Computer Misuse Act 1990 as amended.
M. You may not use the broadband service to engage in any activity which is in breach of any applicable national or international laws.
N. If any advertisement or offer for sale of goods or services is displayed on your website or homepage on an Union Calls server such advertisement or offer for sale of goods or services must comply with the code of practice of the UK Advertising Standards Authority.
O. You may not participate in the sending of unsolicited e-mails.
P. Union Calls reserves the right (but does not assume any obligation) to inspect the content of data to ensure compliance with this agreement or any applicable laws, regulations or codes of practice. Union Calls reserves the right to disclose the content of data that you transmit or receive or to remove offending material if required to do so by the police or other law enforcement authorities.
Q.You may request a copy of the contractual sales call recording to be sent out by post or at your registered e-mail address for a charge of £5/ sales call recording.
6 SUSPENSION OR TERMINATION OF SERVICE
We may suspend your service (without being liable to compensate you):
A. in the event of a local or national emergency;
B. to comply with a request from a government or other authority;
C. to protect or provide service to rescue or other essential services or otherwise;
D. to maintain the quality of our services;
E. if we reasonably believe that you will fail to pay any amount due to us (whether or not we have issued you an invoice);
F. if an event occurs which is beyond our reasonable control;
G. if you break any part of this agreement. Without prejudice to the generality of this agreement, Union Calls shall have a right to recover from you the cost to Union Calls of any staff time spent dealing with technical and other problems which may arise as a result of any misuse of your account which may include but is not limited to unlawful or prohibited activities. If during the contract period you change premises and you wish to continue to use the broadband service, you will need to apply for a further minimum contract term at your new address and at our then published rates. Any new application for services at the new Premises will form a separate contract to which these conditions will apply. Under the terms of this agreement for whatever reason, you will:
H. immediately pay any outstanding invoices. In addition, if this agreement is terminated before your contract end or subsequent renewable period without proper notice as detailed in section 3 you will:
I. reimburse Union Calls for any costs incurred in transferring to Union Calls service; and pay a termination fee for ending the agreement early by way of compensation to us. The termination fee will be £14.99(Monthly Line Rental Charge) excluding VAT, for every part and full month remaining to the end of the contract period, or subsequent renewable period.
J. You may terminate this contract in respect to the broadband service only (as part of a telephone and broadband package) before the expiry of the minimum contract term and downgrade to a telephone service only contract, on condition that you pay to us an early termination fee of £16.95 excluding VAT, for every part and full month remaining to the end of the initial contract period of 12 months, 18 months or 24 months as applicable. The early termination fee and any other outstanding charges will become immediately due and payable by you upon receipt by us of your notice of termination
We will deliver any equipment you order for broadband connection to the premises you specify and you will be liable to pay for this (where applicable) at our then current rates in addition to our reasonable costs of delivery postage and packaging. If you fail to accept delivery of the equipment, then without prejudice to other rights or remedies Union Calls may have, Union Calls may store the equipment at your cost and risk until actual delivery. Union Calls will have no liability to you for any equipment lost or damaged in transit unless you have notified Union Calls of such loss and/or damage within 3 days from the date of delivery. It is a condition of use of the equipment that you accept and abide by the equipment manufacturers terms and conditions before you use the equipment. On condition that you have, where required, paid for the equipment, title and ownership of it will pass to you on the commencement date. You will be responsible for the safe upkeep of the equipment while in your possession and you will use the equipment to access the Service in accordance with the manufacturer's security, safety and operating instructions. If you cancel the contract before the commencement date and fail to return any equipment, complete, un-damaged and in it's original packaging, within 7 days Union Calls will, charge you for the equipment at our then published rates or if you have paid for the equipment, no refund will be due from us to you in respect of the price of the equipment. You are responsible for the risk and cost of returning the equipment to us. Union Calls does not give any warranties in relation to the equipment. Union Calls will, so far as is possible, assign to you the benefit of the warranties provided by the equipment manufacturer. Faults in the equipment covered by the manufacturer's warranty must be reported to our technical helpdesk (contact details for which are available upon request) within 14 days of the fault first occurring. Where necessary, you may be required to return the equipment to us in the original packaging for inspection, repair and/or replacement in accordance with terms of the manufacturer's warranty.
You are responsible for the risk and cost of returning the equipment to us. Once we are in receipt of the equipment, and have determined the nature and potential cause of the problem, replacement equipment will be dispatched to you where appropriate. We only offer technical support with regard to the equipment supplied by ourselves. If you experience a problem with your equipment, which is still covered by the manufacturer's warranty, you should call our technical support department. If the fault cannot be resolved over the telephone you should return the equipment to us, or our appointed agent, for testing within 14 days of reporting the fault. If Union Calls are satisfied that the equipment is faulty and that the fault/faults, is/are not as a result of your failure to take proper care of and/or your improper use of the equipment, then you will be sent replacement equipment free of charge.
Neither of us will have to compensate the other for any detrimental event beyond the other's reasonable control. In this agreement, 'beyond reasonable control' includes any act of God, reduction or failure of power supply, other telecommunication operators and suppliers or their equipment including access lines, act or omission of national or local government authority, war, military operation, riot or delay, employee dispute. We are not liable for any equipment that we do not supply or arrange to supply. In any event, we will not have to compensate you for any loss of anticipated savings or other indirect, consequential or special losses nor for any charges incurred by you with another call carrier. We are only liable for consequential losses that are foreseeable if we are in breach of contract. Should you have an internet package that you do not declare to us at the point of signature, we do not accept any liability for any increase in call charges that you may incur. You accept liability for any claims, costs, damages, losses, expenses and liabilities (including, without limitation, legal costs and expenses) resulting from illegal actions by you or any other person using the services with your permission. We do not limit our liability for death or personal injury resulting from our negligence.
9 LIMITATIONS OF LIABILITY AND INDEMNITY
A. The liability of Union Calls (if any) in contract, tort, negligence or otherwise arising out of or in connectio n with this agreement, in respect of all defaults related or unrelated, occurring in any one year will not exceed in aggregate the charges received by Union Calls from you during that year.
B. In no event will Union Calls be liable for any indirect loss or damage of any kind however caused and whether arising under contract, tort or otherwise.
C. You agree to indemnify Union Calls against any claims brought by a third party resulting from your use of our broadband service and in respect of any losses or liabilities incurred directly by Union Calls as a result of your breach or non-observance of any of these terms and conditions. Any breach or non-observance your normal rights in law apply.
D. The provisions of this clause shall survive any termination of this agreement.
10 REPAIR & FAULT TO SERVICE
We will Endeavour to correct any defect or fault in the services provided to you as rapidly as possible by contacting customer services on 02036 330 131 during the office hours. Where the fault is not a network issue, and is found on internal wiring, customer equipment, or line jacks damaged beyond reasonable wear and tear an engineering charge will be levied. During loss of service diverts to alternative numbers are available, but are chargeable.
11 CUSTOMERS INSTRUCTIONS
Union Calls may take instructions from a person whom it thinks, with good reason, is acting with the Customer's permission subject to the Data Protection Act. That means that we will only discuss or act on third party contact provided that;
(A) We have spoken in person with the customer who confirms that we can talk and act on their behalf and we have their permission to do so.
(B) Where the third party holds a POA (Power of Attorney) provided that a copy is sent to our head office to prove that power is held and that that person can discuss or change anything in regard to that customer.
(C) Union Calls will not be held responsible, for any loss or delay or any other costs arising from a third parties refusal to comply with clause (a) or (b) as Union Calls must comply with the Data Protection Act.
12. ESCALATION AND DISPUTE RESOLUTION
12.1 (A) Union Calls will try to work through any dispute that the Customer may have with Union Calls. If this does not resolve the matter then the Customer may refer it:
(i) where appropriate, in accordance with the details set out in Union Calls's Customer Complaints Code located at www.unioncalls.co.uk, copies of which are available on request; and
(ii) otherwise, as set out in clause 12.1(B).
(B) Any dispute must be raised in writing with the Customer's or Union Call's as appropriate, giving all relevant details including the nature and extent of the dispute. The Customer and Union Calls will use reasonable endeavors to resolve any dispute as follows:
(i) a dispute which has not been resolved by the Customer's or Union Calls’s representative within 14 days of being raised may be referred by the Customer or Union Calls to the first level by written notice to the other; and
(ii) if the dispute is not resolved at the first level within 14 days of referral, the Customer or Union Calls may refer the dispute to the second level by written notice to the other. The Customer's and Union Calls at the first and second levels are as notified by the Customer and Union Calls to the other from time to time.
(C) If the dispute is not resolved after the procedures detailed in clause 12.1(B) have been followed then the parties agree to consider resolving the dispute by CISAS.
(D) Nothing in this clause will prevent the Customer or Union Calls from exercising any rights and remedies that may be available in respect of any breach of the provisions of the Contract.
16.2 Where the customer chooses the option of addressing their dispute through CISAS, after the evidence has been presented to CISAS both by Union Calls and the customer, should the CISAS's judgment be in favor of Union Calls, and that the customers complaint is NOT upheld, then the customer agrees to pay Union Calls, its costs charged to them by CISAS
13. DISPUTED BILLS
If the Customer disputes any charge on a bill the Customer must notify Union Calls in writing within 45 days of the date of the bill with all relevant information. Where the disputed amount is:-
(a) less than 5% of the total bill, the Customer will pay the full amount of the bill; or
(b) more than 5% of the total bill, the Customer must pay the amount not in dispute. Any disputes will be resolved promptly and the resolved amount if any is payable immediately.
14. TRANSFER OF RIGHTS & OBLIGATIONS
(a) The Customer may transfer its rights or obligations or both to a Group Company with the written consent of Union Calls Limited, such consent not to be unreasonably withheld or delay d; and
(b) Union Calls Limited may transfer its rights or obligations or both to a Group Company without consent provided that it notifies the Customer that it has done so
15 CHANGE OF ADDRESS
15 (a) If you request and we agree to a change of all part of the Services, or a change of the Premises where we provide the Services to you, you must complete such formalities as we shall require, giving effect to such change. We shall be entitled to revise the Charges you pay to reflect the changes agreed with you and we may (at our sole discretion) require payment prior to effecting such changes.
15(b) If you change address, where technically feasible and commercially practicable, you may transfer the Phone Services and/or Broadband Services to your new address on payment of the moving Charge and you will continue to pay the Charges during any period of suspension, unless we say otherwise in writing.
15(c) In the event that we have agreed to provide you with a bundle for all or part of the Services (e.g. Phone and Broadband Service) and you terminate any of these Services, we will automatically apply to you our then current separate Charges for any Services we continue providing to you.
16. MOVING ADDRESS
16(a) We will provide the Phone line and the Broadband Services at the Premises you specify when you Order these Services.
16(b) If you move to another address within our service area, you may ask us to provide the Services to your new address (and you must give us 30 days prior notice before the move). We cannot guarantee that we will be able to provide you with the Services at your new address; will carry out a line check in your new address.
16(c) If you move to another address before the end of any applicable Minimum Term (or Rene wal Term), Cancellation Charges will apply to you, unless you agree to keep receiving our Services at your new address and we agree, and are able, to provide these Services in your new address.
16(d) If we agree to provide the Services to your new address, you may have to pay a service transfer Charge as specified in our Price List
16(e) Where required, we will send you a new contract for the Services that we will provide to you in your new address and your Charges will be adjusted accordingly.
16(f) You may not be able to keep your phone number if you move to a new address.
17(a) We may vary the terms of this Agreement and the Charges from time to time. In the event that we make changes to this Agreement that are likely to cause a material detriment to you, you will be entitled to terminate this Agreement within 30 days of us notifying you of such changes. In order to ensure continuity, time will be of the essence for your notice to be received by us and if we have not received your notice within that time, you will be bound by the terms of this Agreement as varied.
17 (b) Subject to Clause 17(a) above, we shall be entitled to notify you of any updates and/or variations of the terms of this Agreement and our Charges, by email, by post, through a notice in our invoices, through you Union Calls account or by posting our updated Agreement or Price List on our Website at www.unioncalls.co.uk.
17 (c) Unless we give you our prior consent in writing, you shall not be entitled to make any variations to this Agreement.
18.MONITORING AND RECORDING CALLS AND DATA PROTECTION
18 (a) We may monitor and record calls relating to customer services and telemarketing. We do this for training purposes and to improve the quality of our services.
18(b) We may contact you before, during and after the term of this Agreement in order to administer, evaluate, develop and maintain our Services.
18(c) We operate in accordance with the Data Protection Act 1998. You are also required to comply with all data protection legislation. In addition, you must maintain all required registrations, including those reasonably requested by us to enable us to process your personal data in connection with our performance of our obligations under this Agreement.
18(d) By registering for the Services you consent to us using and/or disclosing your personal information for the following purposes:
(1) Processing your application (which may involve credit checking by a licensed credit reference agency who may record that a credit check has been made and disclosing certain personal and account details to a bank for the purposes of setting up a direct debit account);
(2) Providing or arranging for third parties to provide any part of the Services including, without limitation, customer care/help desk facilities and billing you for the Services (which may involve disclosing your information to third parties solely for those purposes);
(3) To inform you about other Union Calls's products or services, or products and services from our affiliate companies unless you opted out to this during the application process or you notify our customer services in writing, signifying that you do not wish to receive this information from us;
(4) To disclose all or part of your personal data to a regulator (e.g. Ofcom or, the Information Commissioner Office), a court, or to a public body to comply with any regulatory, government or legal requirement and to communicate information that describes the habits or usage patterns and/or demographics of the whole or a part of our customer base (including you) but which is anonymous and does not describe or reveal the identity of any particular customer to any third party.
18(e) We shall be entitled to make your name, address and telephone number available to the emergency services.
19. ACCESS TO YOUR PREMISES
19(a) To enable us to carry out our obligations under the Agreement, you must provide to our representatives and to any of our suppliers, agents or subcontractors access to your Premises at all reasonable times, including without limitation access for the purposes of installation, inspection, maintenance, replacement, upgrade or removal of a phone line, an internet access connection or any equipment associated with it (including but not limited to the Equipment).
19(b) We or our suppliers, agents or subcontractors will comply with the reasonable policies or regulations applicable in the Premises provided that you notify us in writing of such policies and regulations reasonably in advance.
19(c) You shall provide a safe and suitable working environment for our employees, agents, suppliers or subcontractors at the Premises at all times. You shall inform them in advance of any health and safety policies applicable on the Premises.
20. REPAIRS TO OUR PHONE AND/OR BROADBAND SERVICES
20(a) BT Openreach™ will continue to have responsibility for maintaining your landline and fix any faults that may occur. We will use reasonable endeavours to correct any defect or fault in our Phone and Broadband Services or to report the defect or fault to BT Openreach™ (or to the relevant suppliers responsible for fixing such defects or faults). Our Customer Service & Fault Notification by phone on 02036 330 131 is available from 09:00AM - 05:00PM Monday to Friday. Alternatively you can notify us the fault by email at email@example.com 24 hrs/7days.
20(b) If you have broadband on the landline and we are not providing this service to you, your broadband provider is responsible for repairing broadband faults. You are responsible for notifying the fault to your broadband provider (although, we may, at our sole discretion, report the fault to the party responsible for the service).
20(c) We will not be responsible for any faults arising from Customer Equipment. We may charge you a call out Charge at our then current rates which can be found on our Website , if we send an engineer to your Premises and it transpires that the fault or failure is on your Customer Equipment and not in our Services, or is caused by accidental damage (or where an engineer attends and finds no fault).
20(d) Additional time related Charges and replacement equipment costs may also be added.
20(e) The speed with which faults are repaired on your line depends on the Care Level applicable to you. As our Phone and/or Broadband customer you receive Care Level 1 as standard but you can pay more to receive an improved Care Level. Care Level repair speeds are set by BT Openreach™ and may vary. The current repair times and prices of the different Care Levels available can be found at our website www.unioncalls.co.uk or can be availed to the customers in writing upon request.
21.THE DIRECT DEBIT GUARANTEE
21(a) This guarantee is offered by all banks and building societies that take part in the direct debit scheme.
21(b) The efficiency and security of the Scheme is monitored and protected by your own bank or building society.
21(c) If the amounts to be paid or the payment dates change we will notify you 10 working days in advance of your account being debited or as otherwise agreed.
21(d) If an error is made by us or your bank or building society, you are guaranteed a full and immediate refund from your branch of the amount paid.
21(e) If you receive a refund you are not entitled to, you must pay it back immediately when we ask you to.
21(f) You can cancel a direct debit at any time by writing to your bank or building Society. Please also send a copy of your letter to us.
22. FAIR USE POLICY
The fair use policy for our fixed line telephone service is:
22.1(a)1000 minutes of which a maximum of 100 minutes may consist of calls to 084 & 087 non-geographic numbers other than UK local and national geographic numbers (unless otherwise stated)
22.1(b)inclusive calls are limited to 60 minutes per call
22.1(c)local and national geographic numbers are numbers beginning 01 and 02 and 03 only and do not include UK mobile numbers (07xx ), non-geographic numbers (08xx including 0845 and 0870) premium rate numbers (09xx), internet access numbers or calls to the Channel Islands
22.1(d)local and national geographic numbers do not include international calls
22.1(e)if your tariff includes minutes to international numbers, certain selected destinations (which may vary from time to time) may be excluded dependent on the exact call price plan we agree with you
22.1(f)if your tariff includes minutes to UK mobiles, this refers to calls to Vodafone, O2, EE (T-Mobile and Orange) only. Please note this does not include calls to 3 (unless otherwise stated).
22.2 Excess Use
If you exceed the limits included in our fair use policy:
22.2(a)we will charge you our then standard tariff rate which you can find at on our Website or by calling our customer services 02036 330 131
22.2(b)where a fixed line call exceeds 60 minutes, the excess call time over 60 minutes will be charged at our then standard tariff rate
22.2(c)we reserve the right to:
• switch you to a more appropriate tariff or call price plan at any time;
• suspend your services; or
• to terminate our agreement with you with immediate effect
23. FORCE MAJEURE
23(a) Neither Party will be liable to the other for any failure to deliver the Services or for any breach by it of this Agreement, where such failure or breach is due to a reason outside the reasonable control of such Party, including, but not limited to any act of God, reduction or failure of power supply, reductions or failures of other telecommunication operators, internet providers or communication suppliers, physical obstructions, atmospheric conditions and other causes of radio interference, acts or omissions of national or local government authority, war, act of terrorism, military operation, riot or delay, employee dispute, or supply of equipment by third parties.
23(b) If such failure to deliver continues for more than 3 months after the commencement of such failure, then either Party may terminate this Agreement on notice in writing to the other Party.
If any provision or condition of this agreement shall be invalid or unenforceable, the remaining terms shall continue to apply. This agreement and the documents referred to in it represent the entire contract between us, to the exclusion of any terms subject to which you may accept, or purport to accept, the service. Any variations (other than charges made in accordance with this agreement) we recommend shall be accepted by both of us in writing. Any failure by either of us to enforce any right shall not be deemed a waiver of any such right. Information you provide or we hold (whether or not under this Agreement) may be used by us, our employees and/or agents to:
1. identify you when you make telephone enquiries;
2. help administer any accounts, services and products offered by Union Calls now or in the future; and
3. help us to detect fraud or loss.
This agreement is governed by English law.