Terms and Conditions for Fixed Line, Mobile and Broadband Services with Eze Talk Ltd. This Contract sets out the terms on which Eze Talk Ltd (registered in England with number 4122939) will provide telecommunications services to you, the Customer with whom we make this Contract (“you”). By using the Service(s) (as defined below) you agree to the following terms and conditions.
Definitions in this Contract
“Acceptable Use Limit” Fair usage by the customer as per the website.
“Billing Period” The period the bill covers.
“Broadband Service” The service we provide.
“Call Charge” Our price list.
“Charges” The cost to the customer to use the services.
“Committed Period” Contract term, minimum period of twenty-four months, subject to service used.
“Connection” To the relevant network of our choice.
“Connection Charge” As set out in the Price List.
“Connection Date” The date of the connection of the Service(s).
“Contract” Means this Contract between Eze Talk Ltd and the Customer, as agreed over the telephone, completed in person
or on our website by the Customer or on the Customer’s behalf. The sales recording forms the Contract if no signature exists.
“Cooling Off Period” Means the period of ten (10) working days from the date of the welcome letter during which you may cancel the Contract.
“Inclusive Calls” Means a call lasting up to 60 minutes made by you to any Eze Talk Ltd customer from landline to landline in the case of Fixed Line Services.
“Line Extras” Such as call divert, 1571, call minder, etc.
“Line Rental Service” Means the service to rent access to the main telephone line.
“Network” Means the electronic communications network(s) over which we provide the Service(s) which may not be the BT network.
“Recorded Conversations” Calls may be recorded for training and quality purposes. Sales calls will be used to substantiate contract issues.
“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.
“Eze Talk Ltd” means Eze Talk Ltd of Ground Floor, Rear Courtyard, Dane Mill, Broadhurst Lane, Congleton, Cheshire, CW12 1LA
Charges and costs
Your right to cancelling / ending the Contract
If you wish to cancel the Contract for the Service or any part of it, you have the Cooling Off Period (10 working days) to do so by sending us a letter, email or fax to our Customer Services department to confirm cancellation before the Cooling Off Period expires. For broadband users, you must return, in an “as new” condition and in the original packaging, the Equipment and/or Hardware and any additional items supplied by us to you, at your cost. If you do not return the Equipment and/or Hardware and any associated items you have purchased in an “as new” condition before the date of installation, we will not refund any payment that you have made in respect thereof.
If you cancel your Contract within the first 10 working days following the Cooling Off Period, there will be a cancellation charge of £60.
In the event you seek to cancel the Contract before the end of the Committed Period, you will incur an early termination charge of the remaining contract months (part month charged as full month) and a one off administration charge of £25 including VAT. Business customers will be charged (charge list available upon request) depending on type of line service and features provided (“Early Termination Charges”). A cease charge of £65 will be payable if you cease your mobile or Broadband Services.
When this Contract begins and how long it lasts
This Contract will commence on the Start Date and will continue for the Committed Period, the Contract will automatically continue for subsequent periods of the same duration. Unless cancelled 28 days before contract expiry date. See product leaflet to determine contract length.
How we charge and how you pay
All Service Charges will be payable with effect from the date that a Service or any part of a Service is first provisioned for you for your use. The basis upon how we Charge you for the Services will be set out in the literature we send you on commencement of Service(s).
Paper bills are charged at £2.20 per bill sent to cover production and postage costs.
Email bills are free of charge.
There is a 10p connection fee per call made outside of the UK, excluding calls made to Premium Fixed Fee services and Direct Enquiries that include their own connection charges. There is a 6p connection fee charge for calls made outside of your package.
Non Direct Debit accounts will incur a £3.50 monthly charge, where a Direct Debit has not been set up such as in the instance of a Contract Cancellation.
You can upgrade your service at any time within your contract period.
Monies taken in the first payment are non-refundable.
We will issue invoices for the Services in accordance with the payment terms specified in the Contract.
You will pay invoices within 10 days of the date of the invoice.
Payments are by Direct Debit only. We reserve the right to cancel new orders if a Direct Debit is cancelled or bounces. If a Direct Debit is dishonoured or cancelled we shall suspend your service until payment is made. We shall also charge you a monthly fee administration fee of £10 to cover line rental for each month in which your Direct Debit is dishonoured or not reinstated following cancellation. We may charge interest on all overdue amounts from time to time on a daily basis at a rate of 4% 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 judgement in respect of the overdue amount. A £15 reconnect fee will be added to your account.
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. Undisputed amounts must be paid in full.
We reserve the right to pass any overdue balance to third party recovery agents to chase and collect on our behalf. These agencies will apply fees to the outstanding balance for which you are liable and may call at your property.
Overdue balances will be registered with the major credit reference agencies and may affect your ability to gain credit.
Where under this Contract a Service Credit or other sum of money becomes payable by us to you, we shall be entitled to deduct that sum from Charges due from you to us from time to time. We will show any such deductions as a credit in the invoice issued by us following the due date for payment of the sum owed by us to you.
We shall be entitled to withdraw any Inclusive Calls at any time and in our absolute and sole discretion.
If you are a Line Rental Services customer and elect to use another provider for some or all of your calls we may at our sole discretion decide to (i) bar your use of indirect access codes, (ii) charge you a higher fee for your use of the Line Rental Service or (iii) disconnect the Line Rental Services.
We may vary our Charges at any time by posting the resulting changes on Our Website or otherwise giving you notice. The revised Charges will apply to all Services provided after the effective date of the notice of change.
All Charges are stated exclusive of value added tax (VAT) for business users or other applicable taxes. You will be responsible for paying VAT and other applicable taxes which will be included in our invoices at the applicable rate(s).
We can only increase the relevant Subscription Payment once in any 12 month period and will not be more than either 10% of the Standard price of your Option or the increase in the UK Retail Price index over the last 12 months before we tell you about the price increase, whichever is greater.
Please note that all call packages are subject to an “Acceptable Use Limit” or Fair Use Policy. This is a maximum of 1,000 minutes or 150 calls per month. All unlimited broadband packages have a Fair Use Policy of 500GB. If any of these limits are exceeded, Eze Talk Ltd may charge for these calls until further notice.
If payment is unpaid on the first due date, a late payment fee of £18 will be applied to your account. If a second payment remains unpaid, a Letter Before Action will be sent to you which will incur a £40 admin fee for outstanding balances up to £160. Balances over £160 will be charged an admin fee of 25%. You will have 30 days to send us payment or return the requested information. If the balance remains unpaid at this stage, the debt will be passed to a debt collection agency at a charge of 15%.
What Services We will provide to You Fixed Line Services
We will provide the Fixed Line Services in accordance with the terms of this Contract.
We will use reasonable skill and care when providing the Fixed Line Services.
If you elect to apply for the Line Rental Service and already receive Line Rental Services from another provider, this other service will continue until the transfer to our Fixed Line Service is complete unless your other provider agrees that it can be done earlier.
It is your responsibility to ensure the compatibility of the Fixed Line Services with any monitored alarm system you may have. You agree to ensure that you are not in contract with another Service Provider before entering into this Contract. We are not responsible for any fees or charges imposed by another service provider.
If you have given us your permission, we will register your telephone number on the Telephone Preference Service (“TPS”) registry.
In response to Ofcom’s publication of its “Statement and Notification on Protecting Citizen’s and Consumers from Mis-selling of Fixed-Line Telecoms Services” (the “Ofcom Guidelines”), we have produced a Eze Talk Ltd Codes of Practice and Sales and Marketing Code of Practice to protect your rights in this area and a full copy of this is available on request from us by calling 0333 200 0801.
You recognise that the Fixed Line Services may from time to time be adversely affected by local geography, topography and/or atmospheric conditions and other causes of interference and may fail or require maintenance without notice. You further acknowledge that we shall have no liability for failure of the Fixed Line Service or the Equipment and/or Hardware unless and to the extent caused by our negligence or fraudulent misrepresentation.
Should an Openreach engineer need to visit to repair a fault, there is no charge for faults up to your premises, however internal problems/repairs are fully chargeable to your account of a cost of £113 plus VAT.
What Services We will provide to You –
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.
To place a Contract to receive and use the Broadband Service you will need an existing BT or any other non-cable network telephone line; a personal computer of minimum specification; and compatible cables and extension leads between your PC, modem and telephone socket.
Before we can confirm that we will provide you with the Broadband Service your telephone line will need to be tested and checked to ensure that the Broadband Service is available in your area.
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 will be responsible for any and all costs.
You must cancel any other broadband access service supplied by another company through BT or, where applicable, other noncable 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 Authorisation 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 Eze Talk Ltd Website.
Despite the line tests carried out on your BT or, where applicable, other non-cable network telephone landline, 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.
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.
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.
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.
All calls to international, premium rate and other numbers indicated in the Price List as being automatically barred will be barred from the Equipment and/or Hardware. This bar may be removed at our sole discretion and may be subject to the provision of such security (by or on behalf of the Customer) and to such credit and other checks as we shall require.
We may select and at any time change any carrier or other service provider for the purposes of providing the Service(s), and you authorise us to give all notices, nominations and other authorisations that are necessary for us to provide, the Service(s) to you.
What Level of Service We Give to You
We do not guarantee that the Services will be continuously available to you or free from Service Failures. No compensation will be due should this occur.
Where you believe that you are experiencing a Service Failure you must immediately report this to us via Customer Services providing sufficient information to enable us to investigate the problem.
Your Use of the Services
You agree that you will not use or allow others to use any of the Services;
to contravene or cause us to contravene any Legislation;
to contravene our Fair Use Policy (where applicable) or our Acceptable Use Limit (where applicable);
to be for any improper, immoral or unlawful purpose;
to enable or permit unauthorised access by you or third parties to data stored on our network;
to cause a degradation of service to any of our other customers;
to involve the sending of unsolicited marketing or advertising materials;
You agree that in respect of the Service(s), you will:
Comply with any reasonable instructions issued by us which concern your use of the Services.
Should you have a complaint which cannot be resolved over the phone, you must write/ email your complaint to our complaints department. There will then follow an 8 week period to resolve your complaint. If this time passes or we issue a “Dead Lock” letter to you then you may approach the independent arbitrator to have them look into your case, details can be found in our Codes of Practice on our website. This internal process MUST be followed before involving the arbitrator.
You must comply with any instructions we give you about the Broadband Service.
In the event that rental of your telephone line is terminated by BT or, where applicable, any other non-cable network or you change the services on your line such that the Broadband Service is unable to operate normally, the Broadband Service will be terminated and you will be liable to us for the charges that remain due for the Committed Period.
During the Contract you may request a Re-grade at any time provided that it is only once in every thirty (30) days. Re-grades are subject to availability and payment of any applicable charges.
We do not warrant or guarantee the accuracy or completeness of any content provided with the Broadband Service.
Allocation and Use of Telephone Numbers
Where we allocate you any telephone numbers or codes as part of the Services, you acknowledge that you will not acquire any legal, equitable or other rights in relation to any numbers or codes.
Fixed Line Services
Although our Services may include Inclusive Calls, calls to the Channel Islands and the Isle of Man are not automatically included. In addition your Eze Talk Ltd Service will not include the ability to make calls to the following countries unless we permit such access (at our own discretion): Bangladesh, Kazakhstan, Russia, Columbia, India, Kuwait, Nigeria, Pakistan, San Tome & Principe, Taiwan, 6&7 in Lichtenstein, and both Global Mobile Satellite System (00 870) and Inmarsat. We may withdraw your ability to make calls to such destinations at any time at our discretion and without notice to you. If your Price List Plan includes Inclusive Calls, these Inclusive Calls shall not be charged for the first 60 minutes of each call. Thereafter, the standard Charges relevant to your Price List for the Services you receive, will apply for all minutes (or part minutes) in excess of 60 minutes.
Inclusive Calls are only available to Customers who make calls in the UK and who use Eze Talk Ltd as their sole provider of calls.
Inclusive calls are only available for voice calls to UK destinations that start with 01, 02, 03, (not ‘data’, ‘internet’ or ‘indirect usage’ and excludes all other numbers). Only calls made over the Eze Talk network can be Inclusive Calls.
0845 and 0870 numbers are not included in any call plan.
We reserve the right to withhold or withdraw discounts on any invoices that remain unpaid.
If you are moving house, please note there is an additional £25 charge to retain your existing number.
For Broadband Services within thirty (30) days of the Start Date, we shall prepare and send to you a bill for the following Billing Period and, if applicable any costs for Hardware you have purchased. Thereafter we shall prepare and send to you at the end of every Billing Period a bill detailing the charge for the following Billing Period.
Credit Limit/Security Payment
We may at our sole discretion and at any time during the lifetime of the Contract impose a Credit Limit on your account.
Any Credit Limit imposed can be amended without prior notice. If you exceed such Credit Limit (i) we may demand immediate payment of the Charges and/or suspend the Services; and (ii) you will still be responsible for all Charges incurred including those exceeding the Credit Limit.
If at any time we require you to pay a security deposit we may (i) suspend provision of the Service(s) 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.
We may terminate this Contract with immediate effect by notice in writing if:
You fail to pay any sums due to us within 14 days of receiving written notice from us indicting the sums due and demanding payment;
You are in material breach of this Contract which breach is capable of remedy and fail to remedy that breach within 30 days of receiving the notice specifying breach;
You are in material breach of this Contract and that breach cannot be remedied;
You commit persistent breaches of the Contract;
You make any voluntary arrangements with your creditors or become subject to an administrative order or go into liquidation, whether voluntary or compulsory (other than for the purposes of reconstruction or amalgamation).
Our Rights to Suspend the Services
We may suspend the provision of any service without prejudice to your liability to continue to pay the Monthly Charges without compensation.
you fail to meet any of your obligations under this Contract;
technical limitations exist or arise which make the provision of the Services impossible or materially limit the functionality or performance of the Services;
necessary for operational reasons such as repairs, upgrades to the Services or regular or emergency maintenance;
we are obliged to comply with any Contract, instruction or request of a competent governmental regulatory or other authority; if the Credit Limit for this Contract is exceeded;
Events outside Our Reasonable Control
For the avoidance of doubt, circumstances beyond our reasonable control include but are not be limited to act of God, war or riot, civil disobedience, national emergency, strikes and other labour disputes, fire, flood, act or terrorism, power failures, non-availability of any third party telecommunication services, breakdown of any equipment and/or hardware not supplied by us acts of government or other competent authority. No compensation will be due if the above occurs.
Excluding for debt recovery, Eze Talk Ltd will not disclose to any third party any confidential information as a result of this Contract.
Use and Disclosure of Your Personal Information
Your details will not be used by any organisation not directly owned or controlled by the company.
Equipment and Hardware
Equipment and/or Hardware supplied by us shall be at your risk immediately on delivery to your premises.
We reserve the right to charge carriage in cases where you refuse to accept delivery of goods supplied by us in response to a duly authorised Contract received from you.
Additional Broadband Provisions – Your E-Mail Account
Where we provide you with one or more e-mail addresses as part of providing the Broadband Service you acknowledge that such email addresses are not your property.
Security, Username, Passwords
You will be allocated a username and password in order to access the Broadband Service. You will be responsible for keeping this username and password confidential and agree to take all necessary steps to ensure their confidentiality and that they are not disclosed to any unauthorised third parties.
Communication regarding your account
Due to Data Protection, we are not permitted to communicate with anyone regarding your account who is not the account holder. An Authorisation Form will need to be complete to enable us to speak to someone on your behalf.
We will endeavour to provide the Broadband Service to you up to the data transmission speed you request. However, we cannot guarantee this and the speed of your connection and download times may be slower if our network or the internet is congested.
Third Party Rights
A third party which is not a party to this Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
Assigning the Contract
We may assign, sub-contract or otherwise transfer this Contract or any part of it to any third party in our absolute discretion.
You may not assign, sub-licence or otherwise transfer this Contract or any of your rights or obligations arising under it without our written consent.
The Contract sets out the whole agreement between you and us for the provision of the Service and supersedes all prior arrangements, understandings and agreements between you and us.
Notices must be in writing and shall be served by hand delivering it or sending it by pre-paid first class post, or registered post, or prepaid recorded delivery.
The failure or delay by us in exercising any of our rights, powers or remedies under this Contract shall not in any circumstances impair such right, power or remedy nor operate as a waiver of it.
If any particular clause of the Contract shall be or be held to be invalid or unenforceable by any court or other competent body or authority, the enforceability of any other clauses in this Contract shall not be affected and they shall continue in full force and effect.
This Contract will be construed in accordance with and governed by the laws of England.
In the event of any dispute relating to or arising from this Contract the parties agree to submit to the non-exclusive jurisdiction of the English court.