GENERAL INFORMATION
 

   
Tele2 UK Communications Limited ("Tele2") - Agreement for the provision of Carrier Pre-selection Telephony Services ("CPS") &, optionally, dial up internet access

1 Who are "We"? Who are "you"? "We"("us/our") are Tele 2. Our details are in our welcome pack and on our website www.tele2.co.uk "You" are a private person using our "Services". Our relationship with you for our Services is explained in this "Agreement" and in any other documents that we expressly refer to in these Agreement clauses.

2 What is the "Service"? We arrange with British Telecommunications plc ("BT") to automatically connect calls to and from your home phone number using your fixed home phone line to our telephone network ("our system"). Calls made from your number over your fixed home line using approved telephone handsets, faxes, modems, computers & answer phones etc. ("any Equipment") will be connected by our system. Optionally this may include establishing a dial up link to the public internet to access the worldwide web/public internet if you have suitable computer hardware & software (including a browser) & a dial up modem. Our website & our call centre can explain the minimum computer hardware & software standards required to use this service.

3 What we are responsible for:

  1. processing your application;
  2. arranging for BT to divert calls to our system;
  3. arranging for calls to be connected to the number called and/or to the public internet. Please note that we reserve the right to prevent access over our system to certain numbers such as premium rate numbers – details are available from our website and our call centre. You will still be able to access these numbers over BT’s phone lines by dialing the BT access prefix and then the number. BT will then charge you for these calls on your line rental phone bill;
  4. supplying you with such information & security codes as are needed to use our internet access service;
  5. invoicing you for calls (we reserve the right to invoice you for a period of not less than one month but no more than three months) & collecting payment from your direct debit 21 calendar days after the date of your invoice;
  6. making reasonable efforts to ensure that our system can receive & arrange for the connection of your calls at all times.

4 What we are not responsible for:

  1. the working of your BT phone & fixed phone line working –BT is responsible for these & you must continue to pay BT for these;
  2. the networks of other telephone companies (such as mobile phone or overseas operators) over which we must route your call to get it to its intended destination;
  3. your ability to use the public internet when connected to it by us;
  4. anything that you do, may try to do, see or have communicated to you (whether requested or not) over the internet & any harm (including but not limited to software damage) that may result from this - our service contains no filters or controls of any kind on what you can see or send or over what can be sent to you;
  5. changes in laws affecting the Services;
  6. matters beyond our reasonable control;
  7. connecting you to the emergency Services – BT will still do this for you.

5 The limit of our responsibilities: We are responsible to you without limit for deaths, personal injuries & any other things for which we cannot limit our liability by law. Otherwise we are only liable to you personally (not to third parties) for the direct consequences of our failures to provide the Services to you under the terms of this Agreement & subject to a total limit on our liability to you which is capped at the value of the higher of £50 or the amount on our last invoice to you. A call made using the Services will be carried over BT’s network & those of other telecommunications service providers as well as being carried by our system. We cannot be held liable for any failure of BT or of any other service providers who might be involved in carrying or attempting to carry your call over their network.

6 What you are responsible for:

  1. complying with this Agreement;
  2. paying BT for your rental phone line;
  3. paying for Services and calls made using any Equipment;
  4. only connecting properly approved Equipment to your BT line;
  5. if you are using our dial up internet access service you must identify, install, use & keep updated appropriate virus protection, firewalls, filters & access controls which are appropriate to your needs;
  6. compensating us for any fines, damages, costs, claims or expenses that we incur as a result of you using our Services in breach of the terms of this Agreement;
  7. use of any Equipment & your BT phone line by a third party.

7 Your use of the Services:

  1. You may make private residential telephone, fax, email & internet calls using the Services.
  2. You may not use the Services for
    1. business purposes;
    2. any purpose not specified in 7(I);
    3. internet for schools;
    4. abusive, obscene, defamatory, criminal or menacing purposes;
    5. in a manner that congests or causes harm or damage to our system, the networks of other operators or to any equipment connected either to the public telephone network &/or to the public internet.

8 Charges:

  1. Our prices are available on our website & from our call centre. Please check our prices regularly.
  2. Our prices are affected by the charges made to us by other telephone service operators & we may be forced to change prices to you on short notice. We will give as much notice as practicable of price increases (but not reductions).
  3. We calculate charges using data from our system.
  4. Except where otherwise stated in our price lists, we publish charges as per minute rates & charge by the second. We round invoice totals up to the nearest whole pence.
  5. We reserve the right to make minimum charges or call set up charges which will be publicised on our website.
  6. We reserve the right to charge for administration costs incurred in following up direct debit failures, defaults on payment & bad debt & reserve the right to employ debt collection agencies, to assign the right to collect your debt or to factor your debt to a third party for collection.
  7. Late payments may attract interest at 5% above Bank of England base rate which compounds each day that payment is overdue.
  8. We reserve the right to charge for providing fully itemised invoices, duplicate invoices & call records (if available).
  9. We will charge £1 per payment extra if you choose not to make payments to us by direct debit.
  10. We may suspend the Services for non payment of charges. However, on receipt of payment in full of all charges properly due and owing, we may reinstate the Services.

9 Credit limits: we may set a credit limit on your account in our sole discretion & may stop you making calls if you exceed the limit until a payment is made to us.

10 Accepting the terms of this Agreement: if you start to use our Services then this will be treated as acceptance of the terms of this Agreement. We will provide a minimum of four weeks’ notice on our website of any material changes to terms of this Agreement. You should check our website regularly. If you continue to use our Services after the effective date of the new terms then you will be regarded as having accepted the revised terms.

11 Suspending &/or Stopping this Agreement & the Services:

  1. You: you can stop this Agreement by giving us 30 days notice or by changing your CPS supplier. If you have not already started to use the Services you may also cancel this agreement with immediate effect by contacting us before the expiry of the 7th calendar day after the day upon which you sign the agreement.
  2. Us: We can suspend &/or stop this Agreement for non payment of charges
    1. on 30 days notice in writing at any time;
    2. immediately with retrospective notice if you break the terms of this Agreement in a material way or if you die, become mentally incapable, become bankrupt or become unable to pay for any reason;
    3. if required & in the manner required by any relevant regulatory body.
  3. Please note that the dial up internet service is an optional extra service which is available to our CPS Service customers & which we cannot supply separately from the CPS Service for technical reasons. Consequently the dial up internet access service will be terminated automatically if you cease (for whatever reason) to take CPS Services from us.

We (& our agents, subcontractors & employees) will only use any data that you give to us or that our system accumulates as a result of your use of the Services to

  1. work out how to improve our Services;
  2. detect fraud, theft & losses;
  3. communicate with you about technical issues, changes, improvements, offers & promotions relating to the Services;
  4. offer you information about additional Services that we, our group companies & other carefully selected companies may wish to offer to you. We may disclose information to other companies in our "Group" of companies (that is to say any company which is directly or indirectly owned by Tele2AB of Sweden) for any of the purposes set out above. A list of such companies is available on request. If you would like us to change the way that we process your information then please write to us c/o "The Data Protection Officer" at our address.

13 Credit Checking: We may carry out credit & fraud prevention checks with a licensed credit agency & with other Group companies in relation to your use of the Services. Both the credit agency & us will keep a record of your payment details & application & this may be shared with other agencies to help make credit & insurance decisions about you & members of your household & for debt collection & fraud prevention purposes.

14 Disputes: If you have any complaints or queries about our Services then please, in the first instance call our Customer Services team on 020 7891 5000. If we cannot resolve the issue then you may also refer the complaint to Ofcom, Riverside House, 2a Southwark Bridge Road, London SE1 9HA Tel: (020) 7981 3000 www.ofcom.org.uk or Otelo, Wilderspool Park, Greenhall’s Avenue, Warrington WA4 6HL www.otelo.org.uk.

15 General Legal Principles:

Subcontractors & associated companies: We may use third parties including associated companies to provide the Services although we will remain responsible to you for the Services at all times. We may assign the benefit of all or any part of our rights under this Agreement to any Group company provided that we tell you about this promptly afterwards in writing.

Invalid clauses: If any sentence or clause of this Agreement shall be or be held to be invalid by a court or a relevant regulator then the other sentences & clauses shall continue to be effective.

Delayed exercise or non enforcement of contractual rights: Failure by either you or us to exercise or enforce any right given to us by law or by this Agreement shall not be regarded as taking away those rights from us & shall not prevent the exercise or enforcement of those rights at a later date. If you fail to comply with the terms of this Agreement on one occasion & we choose not to respond to this failure then this decision not to respond does not prevent us from responding if you fail to comply with the terms of this Agreement on a second occasion.

Sending of formal notices & communications: Any notice, invoice or other document which may be given by either you or by us under this Agreement shall be considered to have been given if delivered in person or by post to us at the address shown in our welcome pack and on our website or to you at the address that you gave us when you first contacted us (you are responsible for telling us if you move). Such notice shall be considered received immediately if delivered by hand or within 72 hours of posting if sent by post.

Entire Agreement: this page & the pricing pages of our website record between them our entire legal relationship with you (collectively the "Agreement"). All other documents that we issue are for guidance only & are not legally binding. Our customer service staff have no power to change our Agreement terms.

Governing Law: This Agreement shall in all respects be governed by & understood in accordance with English law & both you & we agree to submit to the exclusive jurisdiction of the English courts. Both you & we agree that we can elect to take any dispute to a suitable arbitrator or mediator as an alternative to going to court.