In this Contract the following terms have the definitions shown next to them:
“Saver Telecoms, 4 Eskdale Rd, Uxbridge, Middx, UB8 2RT”
“BT” British Telecommunications plc of 81 Newgate Street, London EC1A 7AJ, registered in England Number 1800000
“BT Equipment” equipment (including any software) placed by BT at the Premises to provide the Service.
“Call” a signal, message or communication that is silent, spoken or visual.
“Call Diversion” diverting incoming Calls to another fixed line or mobile telephone number as set out in the Service Charter.
“Conditions” these terms and conditions for Saver Telecoms Residential Telecoms Service.
“Contract” these Conditions, Anytime and Square Deal and the Price List. This Contract begins on the date that [Reseller] accepts the Customer’s request for the Service.
“Customer” the person with whom Saver Telecoms contracts to provide the Service.
“Customer Equipment” equipment that is not part of BT’s network and which the Customer uses or plans to use with the Service.
“Minimum Period” the first 18 months of the Service after the 14 days cooling off period from point of sale with Saver Telecoms. The minimum period shall have been mentioned in your recorded call and stated on the welcome letter
“Premises” the place at which Saver Telecoms agrees to provide the Service.
“Price List” the document containing a list of Saver Telecoms charges and terms that apply to the Service.
“Renewal Period” a rolling twenty eight day period after the end of the minimum period. This is governed by all the original terms and conditions.The contract shall also renew after the agreement of a new tariff or upon the customers move to a new address or by mutual agreement.
“Service” the facility to make or receive a Call (or both) and any related services listed in the Price List that Saver Telecoms agrees to provide to the Customer under this Contract.
“Service Failure” the continuous total loss of the facility to make or receive a Call, or of any related service provided to the Customer under this Contract.
2. PROVIDING THE SERVICE
2.1 Saver Telecoms will provide the Service by the date agreed with the Customer. Sometimes, Saver Telecoms will agree the date following a survey of the Premises by BT.
2.2 Occasionally, for operational reasons, Saver Telecoms may have to change the codes or the numbers given to the Customer, or interrupt the Service. Saver Telecoms will restore the interrupted Service as quickly as possible.
2.3 The Customer accepts that occasionally Saver Telecoms will provide instructions regarding the Service. The Customer must follow these instructions.
2.4 Saver Telecoms may take instructions from a person who it thinks, with good reason, is acting with the Customer’s permission.
2.5 In some cases Saver Telecoms will require written proof when vacating the premises in which the customers service is provided. Continued use of the service after the vacation of the property by any party will be deemed as acceptance.
2.5 The customer agrees to route their calls via Saver Telecoms
3. PHONE BOOK AND DIRECTORY ENTRIES
3.1 The Service includes a telephone number. This number will be put in the appropriate BT Phone Books, together with the Customer’s details, and made available from Directory Enquiries Services unless the Customer requests otherwise.
3.2 Saver Telecoms may agree to a special entry in the BT Phone Books at an additional charge.
3.3 The Customer does not own any number nor has any right to sell or to agree to transfer any number
4. MANAGING THE SERVICE
4.1 If the Customer reports a fault in the Service, Saver Telecoms will respond in line with the level of repair service the Customer has chosen.
4.2 If BT and/or Saver Telecoms agrees to work outside the hours covered by the repair service the Customer has chosen, the Customer must pay Saver Telecoms additional charges for doing so.
4.3 Saver Telecoms provides a Service Charter. If Saver Telecoms is late in providing the Service, or repairing a Service Failure, the Customer may be entitled to a Call Diversion or to claim compensation under the Service Charter.
4.4 If the Customer reports a fault and Saver Telecoms and/or BT finds that there is none, or that the Customer has caused the fault, Saver Telecoms may charge the Customer for any work as set out in the Price List.
4.5 Saver Telecoms cannot be liable for fees incurred from third party engineers and are not responsible for system maintenance.
5. MONITORING CALLS
BT monitors and records all calls to the 999 or 112 service.
6. ACCESS TO AND PREPARING THE PREMISES
6.1 The Customer agrees to prepare the Premises according to any instructions Saver Telecoms and/or BT may give, and provide Saver Telecoms and/or BT with reasonable access to the Premises.
6.2 When Saver Telecoms and/or BT’s work is completed, the Customer will also be responsible for putting items back and for any re-decorating which may be needed.
6.3 If BT needs to cross other people’s land, or put BT Equipment on their property (for example a neighbour or landlord), the Customer agrees to obtain their permission.
6.4 BT will meet the Customer’s reasonable safety and security requirements when on the Premises and the Customer agrees to do the same for BT.
6.5 The Customer agrees to provide, at its expense, a suitable place and conditions for BT Equipment and where required a continuous mains electricity supply and connection points.
6.6 The Customer agrees to look after any BT Equipment and to pay for any repair or replacement needed if it is damaged, unless it is due to fair wear and tear, or is caused by BT or anyone acting on BT’s behalf. Saver Telecoms or anyone acting on Saver Telecoms’s behalf, will look after the Customer’s physical property as set out in paragraph 12.2.
7. CUSTOMER EQUIPMENT
7.1 If the Customer wishes to connect Customer Equipment to BT’s network other than by using a BT main telephone socket, the Customer must get Saver Telecoms’s permission.
7.2 Any Customer Equipment must be:
(a) technically compatible with the Service and not harm BT’s network or another customer’s equipment; and
(b) connected and used in line with any relevant instructions, standards or laws.
8. MISUSING THE SERVICE
8.1 Nobody must use the Service:
(a) to make offensive, indecent, menacing, nuisance or hoax Calls; or
(b) fraudulently ,or in connection with a criminal offence.
The Customer agrees to take all reasonable steps to make sure that this does not happen. The action Saver Telecoms can take if this happens is explained in paragraph 11. If a claim is made against BT and/or Saver Telecoms because the Service is misused in this way, the Customer must reimburse Saver Telecoms in respect of any sums Saver Telecoms is obliged to pay.
8.2 The Customer accepts that nobody must advertise the phone number for the Service in or on a BT phone box without BT’s consent. If this happens, Saver Telecoms may suspend the Service or end this Contract, but Saver Telecoms and/or BT will write to the Customer before taking this action.
9. CHARGES AND DEPOSITS
9.1 The Customer agrees to pay all charges for the Service as shown in the Price List (or as otherwise agreed) and calculated using the details recorded by Saver Telecoms.
9.2 Unless paragraph 9.4 applies, rental charges will normally be invoiced monthly in advance, and call charges will normally be invoiced monthly in arrears. Where possible the charges will appear on the Customer’s next invoice but sometimes there may be a delay.
9.3 Saver Telecoms will send its first invoice shortly after providing the Service, and then at regular intervals, usually every month. Sometimes Saver Telecoms may send the Customer an invoice at a different time.
9.4 Saver Telecoms will send invoices for the Service to the address requested by the Customer.
9.5 The Customer agrees to pay all charges for the Service whether the Service is used by the Customer or someone else and upon receipt of Saver Telecoms’s invoice
9.6 In some cases the Customer may need to pay a deposit or provide a guarantee as security for paying future charges.
9.7 You must pay all charges and rental by any authorized method as soon as these become due, which will normally be 14 days from date of invoice. Late Payments may incur a £10 charge
9.71 If you cancel your Direct Debit for any reason we reserve the right to charge £10. If we have not received payment of your bill by the due date plus thirty days we may disconnect your telephone service. If this is necessary the following conditions may apply
(a) Normal monthly rental will continue to be charged during any period of disconnection.
(b) You will be charged a fee for reconnection to our services, which is £25 per affected line, subject to VAT.
(c) If Outgoing Call Barring is placed on your line because we have not received payment by the due date, an administration payment will be required in advance before Outgoing Call Barring is removed.
9.8 If the customers direct debit does not clear, Saver Telecoms will charge £10 for each failed direct debit collection.
9.9 If you settle your monthly invoice by way of a cheque a £2 admin fee will be applied to your account per month unless otherwise agreed or on your welcome letter
9.91 Saver telecoms reserves the right to restrict customer access to high tariff calls
9.92 Saver telecoms reserves the right to restrict calls if the account balance reaches £100 or if it believes the customer has no intention of settling the account
10. CANCELLING OR ENDING THIS CONTRACT
10.1 The Customer may cancel this Contract with no penalty any time within the cooling off period; this request must be made in writing and sent by Royal Mail recorded delivery. If a customer cancels outside the 14 day cooling off period, the Customer must pay Saver Telecoms for early termination (see 20.2).
10.2 The contract will continue for the minimum period and shall automatically renew for periods of 28 days on the expiry of the minimum period (each such period shall be a “Renewal Period”) unless and until terminated under clause 20.1. Unless a different contract period has been agreed in which case renewal will be for this period
10.2a Saver Telecoms reserves the right to charge a termination fee in full for a cease line.
10.3 If the customer breaches the contract after the fourteen day cooling off period and during the minimum period or renewal period, the customer must pay Saver Telecoms £7.00 + VAT (per line) for each month remaining on the contract.
10.31 If the contract is for Broadband as well as phone services the termination fee is £15 + VAT (per line) for each month remaining on the contract.
10.32 If Saver Telecoms provides a bespoke phone number we reserve the right to retain that number upon breach of contract.
10.33 A welcome pack is sent to all customers; however we cannot be held responsible for loss of post. Our full Terms and conditions are available on the website. If a customer does not receive the welcome letter they are still bound by the terms and conditions.
11. IF THE CUSTOMER BREAKS THIS CONTRACT
11.1 Saver Telecoms can suspend the Service or end this Contract (or both) at any time without notice if one of the following applies:
(a) The Customer breaches this Contract or any other agreement the Customer has with Saver Telecoms.
(b) Saver Telecoms reasonably believes that the Service is being used in a way forbidden by paragraph 8.1. This applies even if the Customer does not know that the Service is being used in such a way;
(c) Bankruptcy or insolvency proceedings are brought against the Customer; or if the Customer does not make any payment under a judgement of a Court on time, or makes an arrangement with its creditors; or a receiver, an administrative receiver or an administrator is appointed over any of its assets; or the Customer goes into liquidation; or a corresponding event under Scottish law
11.2 If the Customer does not pay a bill, Saver Telecoms can suspend the Service or end this Contract until payment is made. If payment is not received within the time period Saver Telecoms will expect payment over the phone to
prevent the customers phone line being suspended. If Saver Telecoms has to collect payment over the phone, they reserve the right to charge an administration fee.
11.3 If the Service is suspended, Saver Telecoms will tell the Customer what needs to be done before it can be re-instated. A charge of £25 will be made to cover the cost of orders being placed and removed from the line. However the Customer must continue to pay rental charges whilst this Contract continues.
11.4 If either party delays in acting upon a breach of this Contract that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Contract that waiver is limited to that particular breach
12. LIMITS OF LIABILITY
12.1 Saver Telecoms accepts unlimited liability for death or personal injury resulting from its negligence.
12.2 Saver Telecoms accepts liability for loss or damage to the Customer’s physical property arising from its negligence, up to £1,000 in any 12 month period
12.3 Saver Telecoms cannot guarantee that the Service will never be faulty. However, Saver Telecoms accepts liability if it is late in providing the Service or repairing a Service Failure as set out in the Service Charter
12.4 Unless Saver Telecoms is negligent, Saver Telecom’s only liability under this Contract is as set out in the Service Charter.
12.5 Unless the Service Charter or paragraph 12.3 says otherwise, Saver Telecoms is not liable to the Customer for negligence or any loss of business, revenue, profit or expected savings, wasted expense, financial loss or data being lost or corrupted or for any loss that could not have been reasonably foreseen
12.6 Unless paragraphs 12.1 and 12.2 apply, Saver Telecoms’s liability to the Customer in contract, tort (including negligence) or otherwise in relation to this Contract is limited to £1,000 in any 12 month period.
12.7 Each provision of this Contract that excludes or limits Saver Telecoms’s liability operates separately. If any part is disallowed or is not effective, the other parts will still apply.
13. MATTERS BEYOND Saver Telecoms’ REASONABLE CONTROL
13.1 Sometimes Saver Telecoms may be unable to do what it has agreed because of something beyond its reasonable contol.
13.2 If this happens, Saver Telecoms is not liable to the Customer. However, Saver Telecoms will try to provide Call Diversion to the Customer. If Saver Telecoms cannot do this then the Customer is entitled to a rental refund for any whole or part day, that there is a Service Failure.
14. RESOLVING DISPUTES
Saver Telecoms will try to resolve any disputes with the Customer. However, if the parties cannot agree, the Customer may refer the dispute to any recognised dispute resolution service.
15. CHANGES TO THIS CONTRACT
15.1 Saver Telecoms can change the Conditions (including the charges) at any time.
15.2 Saver Telecoms will forward the changed Conditions to the Customer upon request by the Customer.
15.3 Saver Telecoms guarantees the call rates will not rise during the minimum period or renewal period.
16. TRANSFERRING THIS CONTRACT
The Customer cannot transfer or try to transfer this Contract, or any part of it, to anyone else.
17. THIRD PARTY RIGHTS
The parties agree that the terms of this Contract are not enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999.
If the parties need to write to each other they must do so as follows:-
(a) to Saver Telecoms at the address shown on the bill or any address which Saver Telecoms provides to the Customer;
(b) to the Customer at the address to which the Customer asks Saver Telecoms to send invoices, the address of the Premises or, if the Customer is a limited company, its registered office.
19. THE SERVICE CHARTER
19.1 Saver Telecoms’s CHARTER
19.1.1 Saver Telecoms’s guarantees:
(a) to provide the Service by the date agreed with the Customer as described in paragraph 2.1;
(b) to repair a Service Failure in line with the repair service the Customer has chosen. For standard service this means by midnight on the first weekday (not including public and bank holidays) after the day the fault is reported to Saver Telecoms;
(c) not to disconnect the Service by mistake; and
(d) to keep any appointment Saver Telecoms makes with the Customer under this Contract.
19.1.2 If Saver Telecoms is late in providing the Service or repairing a Service Failure, the Customer may choose either:
(a) Call Diversion - as described in paragraph 19.2. This is only available if it is reasonably practicable, and
technical restrictions may sometimes prevent Saver Telecoms from offering this option; or
(b) compensation - the Customer may not claim any compensation.
19.1.3 If Saver Telecoms disconnects the Service by mistake, the Customer may claim a fixed rate compensation of £10 per day, from the date of disconnection.
19.1.4 If Saver Telecoms does not keep an appointment, the Customer may claim a specified sum, as shown in the Price List.
19.2 CALL DIVERSION
19.2.1 If Saver Telecoms provides Call Diversion, Saver Telecoms will divert the Customer’s incoming Calls, on request, to another fixed line or mobile telephone number of the Customer’s choice. Once Saver Telecoms has provided the Service or repaired a Service Failure, Saver Telecoms will cancel the Customer’s Call Diversion.
19.2.2 The number chosen must be a UK number, but there are some number ranges to which will not divert the Customer’s Calls (for example, 0800 and 0870 numbers).
19.2.3 If Saver Telecoms diverts the Customer’s Calls to a mobile number, the person calling the Customer will not have to pay extra costs for making that Call. The Customer is liable for the additional cost of these diverted calls.
19.4 PAYMENT OF CLAIMS
Saver Telecoms will deduct any compensation amounts that Saver Telecoms owes to the Customer under this Charter from the Customer’s next phone bill, unless the Customer asks for payment by cheque.
19.5 APPLICATION OF THIS CHARTER
19.5.1 This Charter applies to the Service, including generally any related services Saver Telecoms provides to the Customer. However, its application to some of the related services may vary as shown in the Price List.
19.5.2 This Charter does not apply if:
(a) someone, other than Saver Telecoms, has caused the fault,
(b) Saver Telecoms and/or BT asks for access to the Premises and the Customer does not allow this, or
(c) Saver Telecoms and/or BT reasonably asks for other help and the Customer does not provide it.
20 SUSPENSION & TERMINATION
20.1 This contract may be terminated in writing by either you or us for convenience by giving notice within 30 days of the end of minimum period or any renewal period, this request must be sent by Royal Mail recorded delivery.
20.2 If the customer wishes to completely terminate their contract with Saver Telecoms they must pay the early termination fee of £7.00 + VAT per line per month remaining on the contract, the customer will also forfeit any service charges & line rental paid in advance.