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
1.1 “Acceptable Use Limit” Fair usage by
the customer as per the website.
1.2 “Billing Period” The period the bill
1.3 “Broadband Service” The service we
1.4 “Call Charge” Our price list.
1.5 “Charges” The cost to the customer to
use the services.
1.6 “Committed Period” Contract term,
minimum period of twenty-four months, subject to service used.
1.7 “Connection” To the relevant network of
1.8 “Connection Charge” As set out in the
1.9 “Connection Date” The date of the
connection of the Service(s).
1.10 “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.
1.11 “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.
1.12 “Inclusive Calls” Means a call lasting up
to 60 minutes made by you to any Standard UK landline (excluding Jersey,
Guernsey and Isle of Man landline numbers) in the case of Fixed Line
1.13 “Line Extras” Such as call divert, 1571,
call minder, etc.
1.14 “Line Rental Service” Means the service to
rent access to the main telephone line.
1.15 “Network” Means the electronic
communications network(s) over which we provide the Service(s) which may not be
the BT network.
1.16 “Recorded Conversations” Calls may be
recorded for training and quality purposes. Sales calls will be used to
substantiate contract issues.
1.17 “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.
1.18 “Eze Talk Ltd” means Eze Talk Ltd of Unit
4, Second Floor, Dane Mill, Broadhurst Lane, Congleton, Cheshire, CW12 1LA
and costs – Your right to cancelling / ending the Contract
2.1 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 or email to our Customer Services
department to confirm cancellation before the Cooling Off Period expires.
2.2 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.
2.3 If you cancel your Contract within the
first 10 working days following the Cooling Off Period, there will be a
cancellation charge of £60.
2.4 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 £30.00 including VAT.
2.5 You may be charged a fee to compensate
us for our losses if you end the service before the end of the committed
period, we will let you know how much this will be when you speak to us.
2.6 On termination of this Agreement, the Customer must return
all equipment supplied by Eze Talk Limited within 14 days and in good working
If the Customer fails in this respect, they will be liable for any costs Eze
Talk Limited incur in recovering the equipment. If Eze Talk Limited are
prevented from recovering the equipment, or if the Customer fail to return it
to Eze Talk Limited, the Customer will be liable to pay to Eze Talk Limited on
demand a reasonable sum commensurate with the value of the equipment.
Line Rental + Call Package
£10.00 per remaining month
Line Rental + Broadband
£15.00 per remaining month
3 When this
Contract begins and how long it lasts
3.1 This Contract will commence on the Start
Date as advised on your welcome pack and will continue for the Committed
3.2 We will require a minimum of 30 days’
notice to cancel the service.
4 Charges and how you pay
4.1 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
4.2 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.
4.3 Paper bills are charged at £3.99 per bill
sent to cover production and postage costs. Email bills are free of charge.
4.4 Non-Direct Debit accounts will incur a
£4.99 monthly charge, where a Direct Debit has not been set up such as in the
instance of a Contract Cancellation.
4.5 If you are moving house there might be
additional charges which we will discuss with you once you have contacted us. Please note there is an
additional £30 charge to retain your existing number.
4.6 You can upgrade your service at any
time within your contract period.
4.7 Monies taken in the first payment are
4.8 We will issue invoices for the
Services in accordance with the payment terms specified in the Contract.
4.9 You will pay invoices within 10 days
of the date of the invoice. Failure to make payment within that period will
result in a late payment fee of £18.00 being added to the account.
4.10 Payments are by Direct Debit only.
We reserve the right to cancel new orders if a Direct Debit instruction is
cancelled or a Direct Debit payment fails.
If a Direct Debit is dishonoured or cancelled, we may suspend your service(s)
until payment is made.
4.11 We may charge interest on all overdue
amounts on a daily basis at a rate of 4% above the base rate of the Bank of
England, 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.
4.12 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 (a) nature and reason for dispute, (b) amount in dispute,
(c) any evidence to support the disputed amount. (d) The invoice should be paid
on time and if found to be incorrect a credit will be applied to the account.
4.13 Undisputed amounts must be paid in full.
4.14 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.
4.15 Overdue balances will be registered with
the major credit reference agencies and may affect your ability to gain credit.
4.16 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. We will notify you about
any deductions on or before the due date for payment of the sum owed by us to
4.17 We reserve the right to withhold or withdraw discounts on any invoices
that remain unpaid.
4.18 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 (a) bar your use of indirect access codes,
(b) charge you a higher fee for your use of the Line Rental Service or (c) disconnect
the Line Rental Services.
4.19 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. 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
4.20 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/data until further notice.
4.21 If there are two invoices unpaid on your
account you will be sent a termination notice, once terminated 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%.
Services We will provide to You – Fixed Line Services
5.1 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.
5.2 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.
5.3 If you have given us your permission,
we will register your telephone number on the Telephone Preference Service
5.4 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.
5.5 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
5.6 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 up to a
cost of £250.00.
Services We will provide to You – Broadband Services
6.1 You must comply with any instructions
we give you about the Broadband Service
6.2 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.
6.3 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
6.4 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.
6.5 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
6.6 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.
6.7 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.
6.8 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.
6.9 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.
6.10 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.
6.11 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
6.12 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.
6.13 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
6.14 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.
6.15 We do not warrant or guarantee the
accuracy or completeness of any content provided with the Broadband Service.
6.16 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.
7 What Level
of Service We Give to You
7.1 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.
7.2 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
8 Your Use
of the Services
8.1 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.
8.2 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.
9.1 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.
Allocation and Use of Telephone Numbers
10.1 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
10.2 Although our Services may include
Inclusive Calls, calls to the Channel Islands and the Isle of Man are not
10.3 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.
10.4 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.
10.5 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.
10.6 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.
10.7 0845 and 0870 numbers are not included
in any call plan.
shall be entitled to withdraw any Inclusive Calls at any time and in our
absolute and sole discretion.
11.1 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.
11.2 If at any time we require you to pay a
security deposit we may (a) suspend provision of the Service(s) until we
receive payment of the security deposit and (b) 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
11.3 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).
Rights to Suspend the Services
12.1 We may suspend the provision of any
service without prejudice to your liability to continue to pay the Monthly
Charges without compensation.
12.2 If 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.
outside Our Reasonable Control
13.1 For the avoidance of doubt,
circumstances beyond our reasonable control include but are not 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.
14.1 Excluding for debt recovery, Eze Talk
Ltd will not disclose to any third party any confidential information as a
result of this Contract.
15 Use and
Disclosure of Your Personal Information
15.1 Your details will not be used by any
organisation not directly owned or controlled by the company.
16.1 Equipment and/or Hardware supplied by us shall be at your risk
immediately on delivery to your premises.
16.2 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.
17.1 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
18.1 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.
19.1 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.
20.1 We may assign, sub-contract or otherwise
transfer this Contract or any part of it to any third party in our absolute
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.
21.1 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.
22.1 Notices must be in writing and shall be
served by email, or hand delivering it or sending it by pre-paid first-class
post, or registered post, or prepaid recorded delivery.
23.1 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.
24.1 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
25.1 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.