Terms and Conditions
- T2K will:
1.1 Make all reasonable efforts to provide reliable and high quality Network Services at the Location;
1.2 Use our reasonable endeavours to correct any failure in Network Services at the location;
1.3 Where the associated call routing equipment is directly supported by T2K, answer operational enquiries via the Customer Support Centre on 0870 880 2012
1.4 Where you have ordered specific telephone numbers as part of the Network Services and pursuant to an order, notify you of the telephone number(s) allocated to you and may provide the specific telephone numbers requested by you, but is under no obligation to do so;
1.5 Send you an invoice monthly. The charges will be calculated according to the prices applicable at the time Network Services were used;
1.6 Give you one month’s prior notice of any increases in prices. Notices of decreases in prices will be included with your next invoice;
1.7 At its sole discretion collect data and prepare reports about your use of the Network Services.
1.8 Will record inbound and outbound calls to any of our office's telephone numbers for training and monitoring purposes.
- You, our customer, will:
2.1 Not use, or allow anyone to use, Network Services in a manner or for a purpose which is unlawful, fraudulent, defamatory or offensive or in a manner which may cause damage to T2K. You will be liable to us for any loss that we suffer as a result of such use;
2.2 Not have and will not permit any third party to acquire any trade name right in any telephone number that T2K allocates to you, or any trade name right that may develop in any telephone number allocated to you;
2.3 Pay the full amount and any taxes such as VAT which are payable by you in respect of Network Services as shown on each invoice, by the Due Date;
2.4 Notify your call routing equipment maintainer as soon as you become aware of any fault in the Network Services;
2.5 Notify us if you wish to change your invoice address;
2.6 Comply with and be responsible for ensuring that all others who use any Network Services provided under this Agreement comply with this Agreement and any reasonable directions we give you relating to the use of Network Services.
3.You Agree With T2K That:
3.1 T2K may re-program your Equipment to enable us to provide Network Services;
3.2 You will not modify the relevant programming but should you do so, T2K will not be liable for consequential loss, loss of savings or excess charges, including charges to rectify the programming;
3.3 You will give or procure for T2K access (including remote access) to the Location necessary for T2K to inspect, install, connect, maintain and repair faults at all reasonable times and shall provide such reasonable assistance as T2K may request;
3.4 It is your responsibility (and not ours) to ensure that your equipment is in working order so as to enable the provision of Network Services. We cannot accept any liability for any failure or fault in your equipment that result in T2K being unable to provide Network Services except where equipment is covered by a maintenance and/or support agreement with T2K. Otherwise T2K may make charges (at published rates) for time spent diagnosing problems not emanating from Network Services;
3.5 T2K cannot accept any liability for Calls being routed over the T2K Network that are not authorised by you;
3.6 Telephone numbers allocated to you by T2K and all rights in those numbers belong to T2K’s Network Carrier and that you shall not sell or transfer, or attempt to sell or transfer, any such telephone number to a third party, save that you are permitted to port a telephone number to another licensed operator in accordance with T2K’s policy on number portability, and any obligations of T2K’s Network Carrier under its telecommunications licence or its contractual arrangements with other licensed telecommunications operators;
3.7 T2K may change a telephone number giving you as much notice as reasonably practicable where it is necessary for T2K or its Network Carrier to comply with any law or obligation or it is necessary for operational reasons.
3.8 T2K UK landline and Mobile bundles (if selected) do not charge for calls to 01, 02, and 03 numbers or to UK mobile networks - 02, T-Mobile, Orange, Vodafone and 3.
This offering will be subject to the following conditions, applied against the user's related T2K account:
The total number of calls per user from an endpoint shall not exceed 2,000 minutes per month to 01/02/03 terminations and shall not exceed 2,000 minutes per month to mobile destinations. Any users exceeding that limit will be subject to a per minute price for the total volume of calls per user account according to the existing IP rate card currently associated with the account. In addition calls to numbers beginning 03 shall not exceed 15% of the total calls to geographic numbers for that user.
4.1 Payment is due by Direct Debit within 30 days of invoice date.
4.2 If you have problems paying by the Due Date you should call the Customer Support Centre. If payment is not received by T2K in full by the Due Date we may, at any time after that date and without prejudicing our right to terminate this Agreement, prevent you making further use of Network Services.
4.3 T2K may charge interest calculated daily, at a rate of 3% above the then current base rate of Lloyds Bank plc. on any amount you fail to pay by the Due Date whether before judgement or after until T2K receives payment of that amount. You agree to pay any fees or expenses reasonably incurred by T2K in collecting or attempting to collect any amount owed by you.
- Term & Termination
5.1 Subject to clauses 5.4 and 5.5 below this Agreement shall remain in force until you give T2K at least 60 days prior written notice to terminate to expire at the end of the initial 36 month period or at any time thereafter.
5.2 Either party may, without prior notice, terminate this Agreement if:
(a) the other party commits a breach of any material provision of this Agreement and, save where you have failed to pay any sums due to T2K by the Due Date, fails to remedy such breach within 30 days of notice to do so from the party not in breach; or
(b) the other party is insolvent or unable to pay its debts as and when they fall due or becomes bankrupt, enters into voluntary or involuntary liquidation, has a receiver, trustee or manager appointed in respect of all or any of its assets, has a bankruptcy order presented or winding up petition or order filed or otherwise ceases to carry on business;
The Network Carrier’s licence under section 7 of the Telecommunications Act 1984 is revoked.
5.3 T2K may terminate this Agreement forthwith if you fail to pay any amount by the Due Date for payment.
5.4 Upon termination of this Agreement all amounts you owe for use of any Network Services shall be due and payable in full on demand.
- Suspension of Network Services
Without prejudice to its other rights and remedies, T2K may, without prior notice, suspend any of the Network Services, if:
6.1 You are in breach of any material provision of this Agreement;
6.2 T2K or its Network Carrier needs to carry out work relating to upgrading or maintenance of the T2K Network at or on the Location;
6.3 T2K or its Network Carrier is obliged to comply with an order, instruction, request or recommendation of Government, an emergency service organisation or other competent administrative organisation.
- Warranties and limitation of liability
7.1 Nothing in this Agreement shall exclude or restrict the liability of T2K for personal injury or death resulting from the negligence of T2K or its employees acting in the course of their appointment or employment;
7.2 Except as set out in clause 7.1, T2K liability in contract, tort or otherwise arising out of or in connection with T2K’s obligations under this Agreement shall be limited to a maximum amount of £1,000,000 for all events occurring in any twelve month period;
7.3 T2K shall have no liability to you or any other party (whether in contract, tort or otherwise) for consequential or indirect loss or damage of any nature including but not limited to loss, corruption or recreation of data or any loss of revenue, profit, business, anticipated savings, or damage to goodwill;
7.4 Paragraphs 7.1 to 7.3 set out our entire liability in relation to this Agreement. All other express or implied terms conditions or warranties (whether statutory or otherwise) are hereby excluded to the extent permitted by law. The provisions of this paragraph 7.4 shall continue to apply even when this Agreement is terminated or expires.
8.1 T2K will send you any notice or invoice by posting it to the last address you notify us of. Notice by you to T2K may be given either verbally or in writing but in either case must be given to the Customer Support Centre.
8.2 You may not assign or transfer this Agreement or any part of this Agreement without T2K’s prior written consent. T2K shall have the right to assign, sub-contract or otherwise deal with all or any of its rights and obligations under this Agreement to any party. T2K shall serve written notice on you before assigning all or part of this Agreement to a third party.
8.3 This agreement is governed by and subject to the law of England and Wales and the exclusive jurisdiction of the English courts, and supersedes all understandings, representations and prior agreements between you and us. This Agreement may only be modified if such modification is in writing and signed by a duly authorised representative of each party.
8.4 T2K shall not be liable to you for any failure to carry out its obligations under this Agreement due to matters beyond its reasonable control.
8.5 In this Agreement, unless the context otherwise requires the singular includes the plural and vice versa.
T2K is a trading style of Telecom 2000 Limited, Registered in England No. 4300144 Registered Office: 3 Minster Industrial Park, West Moors, Wimborne, Dorset. BH21 6QF