Our Very Reasonable Terms and Conditions
Terms and Conditions of business
The following sets out the terms and conditions by which FreedomCall Limited (registered in England 5027692) (FreedomCall) will provide telecommunications services (Services) to you. By using the Services of FreedomCall you agree to the following: 1. Definitions and Interpretation 1.1. The following definitions apply to the Fixed Line or Prepaid Service to which you subscribe under this Contract (unless the context requires otherwise): 1.2.1. "Charges" mean the charges for the Fixed Line or Prepaid Services as set out in the Rate Plans and tariffs; 1.2.2. "Contract" means the contract application which you agreed on the telephone or completed on our website (www.freedomcall.co.uk), these Terms and Conditions and the Price List; 1.2.3. "Fixed Line Network" means the telecommunications network(s) over which we provide the Fixed Line or Prepaid Service; 1.2.4. "Fixed Line or Prepaid Service" means the Residential, or Business fixed line service or Prepaid Service provided to you from time to time by FreedomCall under the terms of this Contract, enabling you to make calls over the Fixed Line Network using FreedomCall Residential, Business or Prepaid and use any related services; 1.2.5. "Rate Plans" means the list(s) of Charges current at the time you use the Fixed Line or Prepaid Service as published on our website; 1.2.6. "FreedomCall Residential" and "FreedomCall Business" means our carrier pre-selection access method, which allows you to access the Fixed Line or Prepaid Service without dialling an access code; 1.2.7. "Pay-per-call" and "Anytime" means the Fixed Line or Prepaid Service Plans that entitles residential customers to make fixed rate local and national calls from your home telephone(s) to any geographic telephone number in the UK (as such plan may be renamed from time to time); 1.2.8. "User Guide" means any guide or guides published by us, which give(s) instructions about and information on the Fixed Line or Prepaid Service; "we" and "us" means FreedomCall Limited and/or our agent(s). 2. When this Contract begins 2.1. The Contract begins when we confirm to you our acceptance of your application. Upon acceptance of your application, we will send you a User Guide (including a copy of these Terms and Conditions and the then current Price List. 3. You must: 3.1. be at least 18 years old to enter into this Contract; and 3.2. be the owner of the main telephone line, or authorised by such owner to use the main telephone line, over or in respect of which we will provide the Fixed Line or Prepaid Service to you. 4. FreedomCall Customers' Right to Cancel the Contract 4.1 If you are a FreedomCall customer, you may cancel your Contract for the Fixed Line or Prepaid Service within 7 working days of acceptance of your application for the FreedomCall Residential service (the "cooling Off Period"). 4.2 If you are a FreedomCall customer and want to cancel your Contract, you must contact our Customer Services Team by email at firstname.lastname@example.org to confirm cancellation before the Cooling Off Period expires. If you do not call our Customer Services Team to confirm your cancellation, we may not be able to recognise or process your cancellation. 4.3 If you are a FreedomCall customer and have used the Fixed Line or Prepaid Service during the Cooling Off Period, you may still cancel your Contract but you must pay any Charges that you have incurred; 4.4 Renewable Contract: AnyTime package contracts are subject to a 12 month minimum renewable period, i.e. at the end of each 12 month minimum period the contract will be automatically renewed for a further 12 month minimum period unless you tell us otherwise. We will remind you when your contract is nearing the end of a renewable period. Downgrading during the minimum period or any subsequent renewable minimum period is not permitted. If you cease service during the minimum period or any subsequent renewable period a termination charge will apply that will be based on the outstanding period of your contract term. For the avoidance of doubt, you will have to pay the remaining contract period in full. 5. The Services we provide: We shall provide the Fixed Line or Prepaid Service to you in accordance with this Contract and as described on the web site and any other instructions we give you from the date you are connected to the Fixed Line or Prepaid Service. We will endeavour to connect you to the Fixed Line Service within 10 days of our receipt of your application for the Fixed Line or Prepaid Service, but we do not warrant that you will be connected to the Fixed Line or Prepaid Service by then. Once connected, you will be able to access the Fixed Line or Prepaid Service: 5.1. The Fixed Line or Prepaid Service is made available to you on the condition that you do not: (i). re-supply, resell or otherwise make the Fixed Line or Prepaid Service available to any person on a commercial basis; or (ii). use the Fixed Line or Prepaid Service or allow the Fixed Line or Prepaid Service to be used for any purposes outlined in clause 5.3 below. 5.2. We may select and at any time change any carrier or other service provider for the purposes of providing, and you authorise us to give all notices, nominations and other authorisations that are necessary for us to provide, the Fixed Line or Prepaid Service to you. 5.3. Whilst we provide the Fixed Line or Prepaid Service to you, you authorise us to act on your behalf in all dealings with the operator of any telecommunications network or system over which we provide the Fixed Line or Prepaid Service in connection with any matter that enables us to provide or to continue to provide you with the Fixed Line or Prepaid Service. 5.4. We support the transmission of data via ISDN or any IP platform line. We do not provide a maintenance service. We cannot guarantee that the Fixed Line or Prepaid Service will be free of faults or interruptions, timely or secure to the extent the Fixed Line or Prepaid Service may be affected by things we cannot control, such as lack of network capacity, physical obstructions or atmospheric conditions. 5.5. We shall provide the Fixed Line or Prepaid Service with reasonable skill and care. If you do experience a problem or suspect a fault you should first contact our Customer Services Team. We shall not in any circumstances be responsible for any call-out or other charges you incur to BT or any other third party network operator because of any problem or fault with the Fixed Line or Prepaid Service. 5.6. If you have a complaint regarding the Fixed Line or Prepaid Service you should first contact our Customer Services Team. You may also refer any complaints regarding the Fixed Line or Prepaid Service to
. 5.7. It is your responsibility to ensure the compatibility of the Fixed Line or Prepaid Service with any monitored alarm system you may have and you should check this with your monitored alarm system provider. If we suspend the provision of the Fixed Line or Prepaid Service under this Contract this will affect the operation of your monitored alarm system if you are a FreedomCall Residential customer. We do not accept any liability in connection with your use of a monitored alarm system with the Fixed Line or Prepaid Service, except for liability for death or personal injury caused by our negligence or that of our agents. 5.8. We will respond to any query raised with our customer services, whether by telephone or email, in 2 working days. 6. Your Use of the Fixed Line or Prepaid Service 6.1 You must: (i) use the Fixed Line or Prepaid Service; and (ii) ensure that anyone who uses the Fixed Line or Prepaid Service we provide to you does so in accordance with this Contract, the User Guide and any other instructions we give to you from time to time. 6.2 You must at all times keep any password or any PIN number for your account confidential and secure, and you must tell us immediately if the password or PIN number is disclosed to any unauthorised person. You acknowledge that: (i) we may at our sole discretion, amend, add services to, or disclose any information in connection with, your account upon request from anyone who correctly quotes your password; and (ii) our automated billing reminder/information announcements and/or other information will be heard by anyone accessing the Prepaid Service. 6.3 You shall not use, nor allow any other(s) to use, the Fixed Line or Prepaid Service: (i) for any improper, immoral or unlawful purpose; (ii) to send a communication which is, or is intended to be, a hoax call to emergency services, or which is defamatory, offensive, abusive, obscene or menacing; (iii) to violate or infringe any rights of, or to cause unwarranted inconvenience or anxiety to, any other person; (iv) in such a way that may damage or affect the operation or quality of the Fixed Line or Prepaid Service, the Fixed Line Network or any telecommunications system used to provide the Fixed Line or Prepaid Service; or (v) fraudulently or illegally. 6.4 If you do not or any other person using the Fixed Line or Prepaid Service with your permission does not comply with any provision of this clause 5, you will indemnify us for any claims, losses, damages, costs, liabilities and expenses (including, without limitation, any legal costs and expenses) which we may suffer or incur as a result of any such non-compliance. If you discover that someone else has used the Fixed Line or Prepaid Service supplied to you without your or our permission, you should notify our Customer Services Team and the Police at the first possible opportunity. Any losses that you suffer or incur as a result you may be held liable by us. 7. Charges and Payment 7.1 We will bill you for the Fixed Line or Prepaid Service in accordance with the relevant terms, tariffs, rules and Charges applying at the time the Fixed Line or Prepaid Service is used. For the avoidance of doubt; FreedomCall Residential is only available to residential customers. If, at any time, your usage of the Fixed Line Service does not accord with that reasonably expected of a residential customer, and we use Ofcom data for residential fixed line services to determine reasonableness, you will: (i) no longer be considered a residential customer; (ii) have your access to the Talk Plan suspended in accordance with the terms of this Contract; and (iii) be charged and billed in accordance with our then applicable standard tariff to the extent your usage of the Fixed Line Service exceeds that reasonably expected of a residential customer. We will inform you before we start charging you in accordance with our then applicable standard tariff under this Clause 7.1. 7.2 We may vary any Charges or rates, and/or charge to you any taxes or duties imposed in relation to the Fixed Line or Prepaid Service, at any time by posting the resulting price changes on our website or otherwise giving you notice. You can contact our Customer Services Team and request details of our prices or any price change at any time. We will give you at least 5 calendar days' notice before any price change under this clause 7.2 takes effect. 7.3 All Charges are subject to any applicable UK tax or duty, including Value Added Tax, at the prevailing rate. 7.4 Subject to clause 7.5 below, we will bill you for and you must pay the Charges incurred for the Fixed Line or Prepaid Service supplied to the service number(s) nominated by you. We will invoice the Customer for and the Customer must pay all Charges. For customers who are registered for per-second billing, there is no minimum call charge in respect of any call made using the Fixed Line or Prepaid Service and use by such customers of the Fixed Line or Prepaid Service will be invoiced in one-second increments with partial seconds of usage rounded to the next full second. All call Charges are rounded to the nearest penny. 7.5 You accept that: (i) any use of the Fixed Line or Prepaid Service by any person to make telephone calls from any service number nominated by you is deemed to be authorised by you; and (ii) we will bill you for and you are responsible for payment of any Charges arising from any such use. 7.6 We will normally send you bills for the Fixed Line or Prepaid Service on a monthly basis by email. We may vary billing frequency or demand payment at any other time by giving you prior written notice. We will endeavour to bill you for use of the Fixed Line or Prepaid Service supplied by FreedomCall to the service number(s) nominated by you within 6 months of such use. 7.7 Unless we have agreed otherwise, payment is due in full for use of the Fixed Line or Prepaid Service on the service number(s) nominated by you and you must pay in full any bill for Charges arising from such use by the due date specified in the bill. 7.8 You may elect to have your bills paid by way of a cheque on a bank account held by you at an approved financial institution, a valid debit or credit card held with an approved financial institution and nominated by you or by direct bank transfer. 7.9 If you pay the Charges by cheque, credit card, or debit card and your bank or credit card company refuses to make payment or in a currency other than pounds sterling, we will charge you for any bank charges, approved financial institution fees and/or any other extra administration costs that we incur as a result. 7.10 If you do not pay any bill(s) on time or not in full, we may: (i) suspend or terminate (at our discretion) the Fixed Line or Prepaid Service provided to you; and/or (ii) charge you interest on the overdue amount(s) at the rate of 3% per annum above Lloyds TSB plc base rate. Interest is calculated and accrues daily. We may charge an administrative fee of £5 (which we may vary from time to time in accordance with clause 9 below) to cover costs that we incur as a result of payment(s) being received after the due date; (iii) make a charge or £20 for reconnection if your service is suspended for reason of non-payment. 8. Credit Limit / Security Payment 8.1 We may, at our sole discretion and at any time, impose a credit limit on your account and/or require payment of a security deposit or interim payment by you. 8.2 Any credit limit imposed can be amended without prior notice. If you exceed any such credit limit: (i) we may demand immediate payment of the Charges and/or suspend the Fixed Line or Prepaid Service; and (ii) you will still be responsible for all Charges incurred including those exceeding the credit limit. 8.3 If at any time we require you to pay a security deposit under clause 8.1 above, we may: (i) suspend provision of the Fixed Line or Prepaid Service until we receive payment of the security deposit; and (ii) at any time apply the security deposit (once paid) to meet any cost, loss or liability incurred as a result of any failure by you to comply with these terms or to pay any amount you owe to us. 9. Our Rights to Suspend the Fixed Line or Prepaid Service 9.1 We can at our discretion suspend your access to the Fixed Line or Prepaid Service immediately: (i) if we are entitled to under clause 7.1, 7.10, 8.2 or 8.3 above; (ii) if we are required to do so by the Government, an emergency service organisation or any other competent body or authority; (iii) for repairs, maintenance or improvement; or (iv) if we have good reason to suspect fraudulent activity or misuse of the Fixed Line or Prepaid Service or any other breach by you of this Contract. 9.2 We will normally inform you by email to your designated email address first if we are going to suspend your access to the Fixed Line or Prepaid Service. 10. Changing the Contract 10.1 This clause 10 applies to all changes to this Contract, except changes to Charges which are dealt with in 7.2 above. 10.2 Subject to clause 8.1 above, we may vary these terms and conditions at any time by posting the changes on our website and, where reasonably practicable, giving the Customer reasonable prior notice. We will only do this if we have a valid reason, for example to reflect changing arrangements with any operator of any telecommunications network or system over which we provide the Fixed Line or Prepaid Service or changing legal, regulatory or business requirements. If any variation of these terms and conditions is likely to cause material detriment to you: (i) we will also notify you of the variation in writing or by your chosen method of contact; and (ii) you shall have the right to terminate this Contract with immediate effect by giving us written notice. The Customer agrees that, if the Customer decides to use the Fixed Line or Prepaid Service after any variation(s) to these terms and conditions have been posted on our website or, in the case of a variation which is likely to cause material detriment, notified to you, the Customer will be bound by the terms and conditions as varied. 11. Ending the Contract 11.1 You may end this Contract for the Fixed Line or Prepaid Service by giving us 7 calendar days' prior notice, you must contact our Customer Services Team by email at email@example.com to confirm cancellation.. 11.2 We may end this Contract for the Fixed Line or Prepaid Service: (i) by giving you 7 calendar days' prior notice; or (ii) immediately if: a. you do not pay any Charges on time or you breach a materially important term or condition of this Contract (including, without limitation, any provision of clause 5 above); b. you breach any term or condition of this Contract that does not fall within sub-clause 11.2(a) above and do not put it right within 7 calendar days of being asked to do so; c. you fail any credit or fraud prevention check referred to in clause 11.3 below or we have good reason to suspect fraud or money laundering as set out in clause 14.5 below; d. we have good reason for believing that any information you have given us is false or misleading; e. you are the subject of any bankruptcy or insolvency proceedings; or f. despite our reasonable efforts the Fixed Line or Prepaid Service is no longer available to us. 11.3 If this Contract ends for any reason: (i) we will terminate your access to the Fixed Line or Prepaid Service; (ii) we will send you a bill for all unbilled Charges for telephone calls made from the service number(s) nominated by you using the Fixed Line or Prepaid Service prior to termination of your access to the Fixed Line or Prepaid Service and, subject to Clause 6.5 above, you must pay the bill by its due date; and (iii) neither you nor FreedomCall shall lose any rights accrued under this Contract prior to it ending. 12. Our Responsibilities to you 12.1 We do not in any way exclude or limit: (i) any liability under Part 1 of the Consumer Protection Act 1987; or (ii) any liability that cannot by law be excluded or limited. 12.2 If (subject to clause 5.4 above and this clause 14 you suffer any other loss or damage under or in relation to this Contract, our liability will be limited to £100,000 per incident or series of connected incidents and £500,000 in any 12-month period. 12.3 We will not in any event be responsible or liable for: (i) any faults, damage or maintenance to your telephone line; (ii) any economic loss (including any loss of profit, revenue, business, contract, anticipated savings, goodwill or data or any other financial loss); or (iii) any indirect or consequential loss or damage. 12.4 Subject to clause 12.1 above, we: (i) make no warranties, conditions, guarantees or representations as to quality or fitness for a particular purpose of the Fixed Line Service or any other warranties, conditions, guarantees or representations whether express or implied, oral or in writing, except as expressly stated in this Contract; and (ii) exclude all liability for the accuracy (or inaccuracy) of any material or other information provided or made available by us or any third party in relation to the Fixed Line or Prepaid Service. 12.5 Each provision of this clause 12 operates separately. If any such provision is disallowed or found to be ineffective by any Court, regulatory body or other competent authority the other provisions will continue to apply. 13. Events Beyond our Control We shall not be responsible for any delay or failure to carry out our responsibilities under this Contract for reasons beyond our reasonable control, including for example acts of God, exceptionally severe weather, industrial disputes, failure or shortage of power supplies, act of terrorism or riot, war, default or failure of a third party (including any network operator or service provider) or their telecommunications systems or government actions. 14. Use of Personal Information 14.1 Information you provide or we hold about you (whether or not under our contract(s) with you) may be used by us and/or agents to: (i) identify you when you make enquiries; (ii) help administer, and contact you about improved administration of, any accounts, services and products provided by us previously, now or in the future; (iii) carry out marketing analysis and customer profiling (including with transactional information) and create statistical and testing information; (iv) help us to prevent and detect fraud or loss; and (v) contact you by any means (including mail, email, telephone or text or multimedia messages) about other services and products offered by us. 14.2 We may disclose information we hold about you to third parties for the purpose of providing services you have requested, as part of the process of sale of one or more of our businesses or, where legitimately requested for legal or regulatory purposes, as part of legal proceedings or prospective legal proceedings. From time to time, these third parties may be located outside the EU in countries that do not have the same standards of protection for personal data as the UK. 14.4 You should also note that communications with you (including phone conversations and emails) may be monitored and recorded by us for quality assurance, legal, regulatory and training purposes. 14.5 We will check your details with fraud prevention agencies. If you provide false or inaccurate information and we suspect fraud, we will record this. We and other organisations may use and search these records to: i) help make decisions about credit and credit related services for you and members of your household; and ii) check your identity to prevent money laundering unless you give us other satisfactory proof of identity. 14.6 In connection with this Contract we may carry out credit and fraud prevention checks with one or more licensed credit reference and fraud prevention agencies. They and we may retain a record of the search. Information held about you by such agencies may be linked to records relating to other persons living at the same address and such records will be taken into account in credit and fraud prevention checks. Information from your application and payment details of your account will be recorded with one or more of these agencies and may be shared with other organisations to help make credit and insurance decisions about you and members of your household and for debt collection and fraud prevention. This includes those who have moved house and who are in default. 14.7 If you provide false or inaccurate information to us and we suspect fraud, we will record this and may share it with third parties. We, and other credit and insurance organisations, may also use technology to detect and prevent fraud. 14.8 If you require details of those credit agencies and fraud prevention agencies from which we obtain and with which we record information about you, then please write to us at the address contained in the User Guide. 14.9 We will otherwise keep all data relating to customers confidential. 15. Returns Policy In the unlikely event that a prepaid account proves faulty, you will either receive a working replacement or a partial refund corresponding to the balance remaining on the card. Customer Services will provide a call history of the account usage and we will charge you accordingly. If a card is either replaced or refunded you agree not use the original pin number to make any further calls. Cards/Pins are not returnable or exchangeable. 16. Third Party Rights A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act. 17. Assignment 17.1 You may not assign any of your rights or obligations under this Contract without our prior written consent. 17.2 We may, at any time, obtain an alternative provider to provide the Fixed Line or Prepaid Service to you. You agree to the assignment of our rights and obligations under this Contract to that alternative provider, provided that the level of service that you experience is not significantly reduced as a result, and authorise us to execute on your behalf any documents necessary to give effect to any such assignment. 18. Waiver If at any time we do not require you to comply with any part of this Contract, this will not prevent us from doing so in the future. 19. Enforceability If any part of this Contract (including any provision in which we exclude or limit our liability to you) is deemed unenforceable by any Court or other competent body or authority, the enforceability of any other part of this Contract will not be affected. 20. Notices and Communications Any notice under this Contract, whether required to be written or otherwise, may be given by us to you by post, personal service, email or SMS messaging to any address, email address or phone number you have given us to correspond with you, or by posting it on our website. You must give notices to us by post, personal service or email to the relevant address set out in the User Guide. 21. Entire Agreement This Contract represents the entire agreement between you and us in relation to the Fixed Line or Prepaid Service and shall supersede all previous agreements. 22. Law The laws of England and Wales apply to this Contract, unless you live in Scotland in which case the laws of Scotland apply. FreedomCall Limited Company Number: 5027692 Registered Address: c/o Grove Stables, Paddockhurst Road, Turners Hill. West Sussex. England RH10 4SF Telephone: 01342 776 103 [International: 0044 1342 776 103] email: firstname.lastname@example.org
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