Terms & Conditions

1. DEFINITIONS  

 "Account" means the record of all Charges due from a Customer.  "Agreement" means the agreement between TW and the Customer in respect of the Services incorporating these  terms and conditions. 

"Charges" means the charges payable in respect of the Services (as amended from time to time in accordance with  clause 6.10 below) 

"Customer" means the party named as such on the Customer Order Form to whom TW agrees to provide Services and  by whom Charges are payable.  "Customer Order Form" means TW's customer order form completed by the Customer either manually or via the  internet.  "Initial Connection" means the time and date when the Services are first made available to the Customer. 

"ICSTIS" means the Independent Committee for the Supervision of Standards of Telephone Information Services 

"OFCOM" means the Office of Communications  "Operator" means the provider of access to the Telecommunications Network. 

"Order" means a Customer's order for services made manually on a Customer Order Form or any request for services  via e-mail or the internet. 

"Premium Rate Number" means the telephone number allocated to a Customer for the purpose of enabling the  Customer to provide Premium Rate Services 

"Premium Rate Services" means telephone services providing information, advice, entertainment or any other services  defined from time to time by ICSTIS as being Premium Rate Services  "Revenue" Means sums payable by TW to the Customer in respect of Access Numbers that generate a rebate.

"Services" means connection to the Telecommunications Network, provision of Telephone Numbers, Access Numbers  and other telecommunications services as set out in one or more Customer Order Forms. 

"Telecommunications Network" means the public and private telecommunications systems accessed by the Telephone  Number/Access Number or by which the Services are made available. 

“WLR” (Wholesale Line Rental) means that TW will invoice for the line rental and outbound calls of your BT line(s).  Openreach will continue to maintain your line and fix any faults that may occur. 

“CPS” (Carrier Pre-Selection) means that outbound calls will be invoiced by TW. Line rental will continue to be  invoiced by BT and Openreach will continue to fix any faults that may occur. 

"Telephone Number" means telephone number allocated to the customers account, for the purpose of WLR and CPS. 

“Access Numbers” means any non-geographic number (0800, 0845, 090 etc) allocated to the customers account for  the purpose of inbound calls. 

"TW" means Telecoms World Plc. 

2. PROVISION OF SERVICES 

2.1 TW agrees to provide Services to the Customer on the terms and conditions of this Agreement once TW has  accepted the Customer's Order. TW will have accepted the order upon the Initial Connection. From time to time TW  may need to substitute an ordered access number for an alternative access number prior to the initial connection and  will advise the customer accordingly before the initial connection. Customers should not market any ordered access  number before the Initial Connection. TW will not be responsible for any marketing costs whatsoever, should an  ordered access number need to be substituted. 

2.2 It is estimated that the Initial Connection for access numbers will be no more than 3 working days after receipt of  the Order, unless stated otherwise. It is estimated that the Initial Connection for access number related services and  additional services will be no more than 8 working days after receipt of the Order, unless stated otherwise. The Initial  Connection period for bespoke access number related services will be estimated on a case by case basis. 

2.3 It is estimated that the Initial Connection for WLR will be no more than 10 to 14 working days after receipt of the  Order. Customers will be advised of the expected Initial Connection date by e-mail or letter approximately 2 working  days after receipt of the Order. 

2.4 It is estimated that the Initial Connection for CPS will be no more than 3 to 14 working days after receipt of the  Order. Customers will be advised of the expected Initial Connection date by e-mail or letter approximately 2 working  days after receipt of the Order. 

2.5 The Services are supplied subject to all limitations of the Telecommunications Network including the risk of  imposed prefix or number changes. In particular TW is unable to guarantee that all overseas systems will be able to  access the Customer using the Telephone Number/Access Number or that telephone keypads will use the same  alphanumeric combinations as are currently used in the UK. 

2.6 Each Order will with these terms comprise a separate contract between the parties unless the order specifies that  it is an amendment to an existing contract. 

2.7 Where an Order covers more than one Telephone Number/Access Number each Telephone Number/Access Number  shall be deemed the subject of a separate and severable Agreement. 

2.8 Where the Customer's name or if applicable company registered number on the Customer Order Form is incorrect  or incomplete, the Customer agrees that TW may treat as being the Customer the individual or organisation that made  the order for services. 

2.9 TW reserves the right to perform a credit check with no prior given notice on any legal entity.

3. DURATION 

3.1 The minimum period for service is 12 months from the Initial Connection. This Agreement will continue after the expiry of the minimum period unless and until: 

3.1.1 It is terminated by either party giving the other one month's written notice to terminate the Agreement expiring on the first or any subsequent anniversary date of its commencement. In the case of notice given by the Customer, the notice shall not become operative until the Customer receives, by way of acknowledgement, a cancellation acceptance form signed by an officer of TW on TW's headed note paper; or 

3.1.2 in accordance with clause 12 below. 

4. TW'S OBLIGATIONS 

4.1 TW will use reasonable endeavours to provide the Services but TW shall not be liable for any failure resulting from factors outside TW's control. In particular TW is not responsible for the operation of the Telecommunications Network. 

4.2 TW reserves the right from time to time to improve or alter the Services as it deems appropriate, provided that such changes do not substantially change the nature of the Services. 

4.3 TW will provide an after sales service and help desk contactable by telephone or e-mail. 

5. CUSTOMER RESPONSIBILITIES 

5.1 The Customer shall at all times:- 

5.1.1 Comply with any reasonable directions or instructions (including requests for assistance or information) issued from time to time by TW in connection with the Services or any of them; 

5.1.2 Pay TW's charges under this Agreement on or before the due date for payment without set off or deduction; 

5.1.3 Ensure insofar as is possible that the Telephone Numbers/Access Numbers are not used in any unlawful, improper or damaging manner; 

5.1.4 Indemnify and hold harmless TW against all liabilities, claims, damages, losses, costs and proceedings howsoever arising from any improper use of the Services; 

5.1.5 Indemnify and hold harmless TW against all liabilities, claims, damages, losses, costs and proceedings howsoever arising from a claim by a third party where the third party claims it has the right to prevent the Customer from using the Telephone Number/Access Number. 

5.2 Where the customer becomes liable for any type of contractual charges from BT, it is the customers responsibility to settle these charges with BT. TW will take no responsibility whatsoever. 

5.3 Where the Customer's Order Form includes an order for a Premium Rate Number the Customer shall also:- 

5.3.1 Provide TW with an accurate description of the Premium Rate Service it intends to provide; 

5.3.2 Prior to providing the Premium Rate Service ensure that it obtains all necessary licences, authorities and approval from ICSTIS, OFCOM and any other regulatory body relevant to the Premium Rate Service and thereafter maintains such licences, authorities and approval for the duration of this Agreement; 

5.3.3 Upon the request of TW provide TW with written evidence of such licences, authorities and approval; 

5.3.4 Notify TW immediately of any intention on the part of the Customer to change the nature of the Premium Rate Service and obtain TW's agreement in writing to the proposed change prior to providing the new Premium Rate Service; 

5.3.5 Ensure the Premium Rate Service:- 

5.3.5.1 Complies with all relevant legislation, regulations, guidelines and codes of practice; 

5.3.5.2 Does not include any material which is defamatory, offensive, indecent, threatening or likely to bring TW into disrepute by virtue of its connection with the Customer; 

5.3.5.3 Does not refer to TW or the Operator without their prior approval in writing. 

5.3.6 The Premium Rate Service may be monitored from time to time by TW in order to ensure compliance with the terms and conditions of this Agreement or by the Operator, ICSTIS or any similar authority to ensure compliance with all applicable legislation, regulations, guidelines and codes of practice.

6. CHARGES AND PAYMENT 

6.1 Connection charges are payable upon invoice or prior to the initial connection by credit/debit card. 

6.2 Other Charges are payable on invoice. TW may invoice monthly, quarterly or annually. If Charges are ascertainable in advance they may be invoiced in advance. In respect of unascertainable future charges TW may require a reasonable security deposit. 

6.3 TW require the Customer to pay by direct debit. In the event that the Customer is unwilling or unable to pay by TW's chosen automated means or such automated means are not set up or fail for any reason before TW invoices the Customer an additional £2.99 administration charge shall be levied for each invoice. 

6.4 Certain Services (e.g. diverts to mobile or international) have additional costs which are outside the control of TW. Where any such charges are increased to TW it shall forthwith increase its own charges for the same Services. 

6.4.1 Minimum usage charges may be imposed without notice.

6.4.2 Revenue rebates will only be paid to a minimum invoice value of £50 and will rollover monthly until the minimum amount is attained. 

6.4.4 All access number calls will have a minimum call charge of 2 pence unless stated otherwise. 

6.4.5 Change of target destination for access numbers will be charged at a rate of upto £14.95. 

6.5 Invoices are payable within 14 days of their date. 

6.6 In the event that the customer wishes to dispute an invoice or any part of an invoice issued by TW, the customer must do so within 30 days of the date of the invoice after which time it shall be deemed that the customer has accepted the invoice and shall be precluded from raising disputes thereafter. Payment for sums not in dispute shall be made at the due date. 

6.7 Overdue payments shall be subject to a fixed sum penalty or interest at an annual rate equal to the statutory interest rate chargeable under the Late Payment of Commercial Debts (Interest) Act 1998 both before and after judgement. 

6.8 Direct Debit payments that are returned unpaid marked “refer to drawer/payer” will incur an administration charge of upto £15.00 added to the customers next invoice. TW reserve the right to re-apply for payment. 

6.8.1 Direct Debit payments returned marked “instruction cancelled” will incur and administration charge of upto £15.00 added to the customers next invoice. 

6.9 A charge of £10.00 may be charged for restricting outbound calls for WLR and CPS customers due to late payment of an invoice. 

6.10 A 10.00 charge will be applied to reinstate access number services suspended for late payment. 

6.11 A £100.00 charge will be applied to reinstate WRL/CPS services that have been ceased for non payment. 

6.12 TW will charge £199.00 disconnection fee should your contract be terminated due to non payment of invoices. 

6.13 The monthly charged applied for billing methods other than e-billing will be £1.50. 

6.14 Charges are exclusive of Value Added Tax. 

6.15 TW shall in respect of each Service be entitled to review and vary from time to time the Charges and introduce new charges. 

6.16 Charges may also be imposed in the following circumstances brought about by a Customer request:- 

6.16.1 Change of service. 

6.16.2 Change of Operator for any Access Number. 

6.16.3 Change of service provider upon termination of this Agreement in respect of any Access Number. 

6.16.4 Transfer of any Access Number to another subscriber. 

6.17 The Customer shall not dispute the amount of any Operator generated Charges unless and then only to the extent that TW is entitled to dispute such charges with the Operator. 

6.18 TW shall be entitled to seek payment for overdue invoices using all payment methods available to them. Reasonably administration charges may be added to the total outstanding. 

9.5 TW shall not be liable for any indirect or consequential losses, damage or expenses suffered by the Customer including (but not limited to) loss of anticipated sales profits or savings, goodwill, business contracts or losses resulting from third party claims. 

10. SUSPENSION OF SERVICES 

10.1 TW may suspend all or part of the Services or any of them for so long as reasonably required or disconnect the Telephone Number/Access Number at any time without notice if:- 

10.1.1 The Customer is in material breach of this Agreement or any other agreement between the parties and in particular in breach of clause 5 or 6; 

10.1.2 The Customer acts in such a way or permits anything to be done which, in the reasonable opinion of TW, relates to the Services and may impair or jeopardise the operation of the Services or any part of the 

Telecommunications Network; 

10.1.3 Required to do so directly or indirectly by law, the Operator, OFCOM or ICSTIS; 

10.1.4 Required for modification or maintenance or in cases of emergency 

10.1.5 TW has reason to believe the Services are being used for unlawful, fraudulent or improper purposes. 

10.1.6 Invoices become overdue. 

10.2 The Customer shall remain liable for all Charges during any period of suspension attributable to the actions or omissions of the Customer 

11. DATA PROTECTION ACT 

11.1 Information that the Customer provides to TW about private individuals relevant to TWs dealings with the Customer will be stored within TW's computer system and manually. 

11.2 For the purpose of the Data Protection Act 1998 ("the Act") TW needs to specify the purposes for which it will use that information. It will of course only use it for legitimate purposes, including:- 

11.2.1 Communicating with the individuals concerned as necessary in connection with the Customer's dealings with TW. 

11.2.2 Communicating with the Customer in connection with TW's services generally; 

11.2.3 Providing it to third parties as required by the Customer or the law or as necessary in connection with the Customer's dealings with TW (including for inclusion in publicly available directories). Those third parties may be outside the European Economic Area. 

11.3 By giving TW that information the Customer consents to TW holding using and disclosing it for those purposes. 

11.4 TW is permitted under the Act to hold and use personal data for the purposes specified above. It will not process such data provided by the Customer otherwise than for those purposes or as otherwise required by the Customer. 

11.5 TW confirms that it will comply with the Seventh Data Protection Principle under the Act (data security) in relation to all personal data supplied by the Customer. 

12. TERMINATION OF AGREEMENT 

12.1 TW may terminate this Agreement immediately by notice in writing to the Customer if:- 

12.1.1 The Customer is in breach of any of the terms of this Agreement or any other agreement between the parties and does not remedy the breach within 7 days of the date of written notice from TW specifying the breach and requiring it to be remedied; 

12.1.2 Any licence, permission, agreement or authorisation granted to the Operator or to TW necessary for the provision of the Services is suspended, revoked or terminated; or 

12.1.3 TW is unable to recover from the Operator Revenue payments due to the Customer. 

12.2 TW may terminate this Agreement immediately without written notice, if it has reasonable reason to believe debts will not be paid when due. 

12.3 The Customer can at any time by reasonable notice request to terminate any Agreement upon the transfer of Access Numbers the subject of that Agreement to another Operator or service provider. In these circumstances, if TW grant the request the Customer shall be liable to compensate TW for its likely loss of income under that Agreement (from whatever source) from the date of termination to the date on which the Customer could have first terminated the agreement under clause 3.1. 

12.4 The Customer cancelling direct debit payments at their bank/building society does not mean that Services have been deemed as cancelled by TW. 

12.5 No TW access number may be ported or migrated to any other network operator or telecoms reseller without written consent from TW. Should a customer commence porting or migrating procedures without such written consent 

12.6 TW may terminate services without notice. 

12.7 TW may terminate any access number that has not received any calls in the previous 12 months without notice. 

12.8 Any termination of this Agreement shall be without prejudice to the rights of either party accrued to the date of termination.

 

13. GENERAL 

13.1 TW shall address all bills and serve any notices on the Customer pursuant to this Agreement either in writing by post to the address set out in the Order or the Customer's registered office or any other address provided by the Customer for this purpose or by e-mail to the e-mail address provided by the customer. 

13.2 The Customer shall serve any notice pursuant to this Agreement by post to TW. 

13.3 All documents shall be deemed served 48 hours after posting or immediately after e-mailing. 

13.4 No failure by TW to exercise any of its rights under these terms and conditions or concession granted and shall prevent subsequent enforcement of those rights or constitute an agreement to provide the same concession again. 

13.5 The Customer acknowledges that it has not been induced to enter into this Agreement by any representations made before or on entering into this Agreement (whether made negligently or innocently or whether oral or written) and that it has only relied upon matters set out in this Agreement in deciding to enter into this Agreement. 

13.6 The Customer acknowledges that the only remedy it has against TW for any misrepresentation or untrue statement shall be a claim for damages for breach of this Agreement. However, if TW has made any fraudulent representations upon which the Customer has relied, the Customer may pursue TW, and the Customer shall be entitled to all available remedies under English law. 

13.7 No variation of this Agreement or waiver hereunder shall be effective unless agreed in writing by TW. 

13.8 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provisions in questions shall not be affected as a result. 

13.9 The Customer shall not assign or try to assign any or all of the rights and responsibilities under the Agreement but TW may transfer its right and obligations hereunder to a new service provider in which circumstances the Customer shall enter into a new agreement in the same terms as this with the new service provider. 

13.10 Where two or more persons constitute the Customer their liability is joint and several. 

13.11 TW may require a variation to the terms and conditions of the Agreement if so required by legislation, the Operator, OFCOM, ICSTIS or any similar authority. 

13.12 Nothing within this Agreement is intended to create third party rights pursuant to the Contracts (Rights of Third Parties) Act 1999. 

13.13 This Agreement is governed by English Law and English Courts shall have exclusive jurisdiction as regards any dispute. 

13.14 TW may from time to time make amendments to these terms and conditions. 

13.15 Capped calls for WLR relate to the first 60 minutes of the call only. 

13.16 TW operate a fair use policy on the WLR Anytime Unlimited tariff. 

13.17 TW’s advertised Recommend A Friend scheme applies when an existing TW customer recommends a third party to TW and the third party opens an account with TW with an access number(s) that has a monthly rental. Once TW has received payment for the third parties third monthly payment TW will send the existing customer a retail voucher so long as the existing customers account is not in arrears. The retail voucher cannot be exchanged for cash. The value of the retail voucher will depend on the monthly rental for access numbers of the third party and is to a maximum value of £25.00 the following schedule applies:- Third parties monthly rental for access number(s) is up to £5.00, the value of the retail voucher will be £5.00, between £5.01 and £10.00 will be £10.00, between £10.01 and £20.00 will be £20.00 and over £20.01 will be £25.00. 

14. USE OF SERVICE 

14.1 By ordering any service supplied by TW you the customer are agreeing to the Terms and Conditions set out in this agreement.