Express Telephony

Express Telephony Limited – Conditions for Digital/Analogue PSTN Services and DSL Services

The Service we promise to provide

1. What the Service is
2. Things we may have to do
3. Phone number
4. The Phone Book and Directory Enquiries
5. Call Monitoring
6. Use of your information
7. When we will provide the Service
8. Repairing faults

What you agree to do

9. Paying our charges for the Service
10. Your other responsibilities

If things go wrong

11. If we break this agreement
12. Matters beyond our reasonable control
13. If you break this agreement
14. Arbitration

Changing and ending the agreement

15. Changing the agreement
16. Transferring the agreement
17. Cancelling the Service before it is provided
18. Ending the agreement after the Service is provided

The other things we need to tell you

19. How to give notice
20. Other documents
21. Third Party Rights
22. Explanations of certain words
23. Updates Terms & Conditions and Price list

There are explanations of some of the words used in these conditions in paragraph 22 and in our Price List. The Service we promise to provide

1. What the Service is

The Service we (ET = Express Telephony Limited) supply to you (our Customer) is the ability to make or receive a Call (or both). The Service does not include any phones or other equipment that we may supply to you under a separate agreement. In providing the Service, we promise to use the reasonable skill and care of a competent telecommunications service provider.

2. Things we may have to do

2.1 We may have to do some things that could affect the Service. These things are listed in paragraph
2.2. If we have to interrupt the Service we will restore it as quickly as we can.
2.2 Occasionally we may have to:
(a) change the code or phone number or the technical specification of the Service for operational reasons;
(b) interrupt the Service for operational reasons or because of an emergency;
(c) give you instructions that we believe are necessary for health or safety, or for the quality of the Service that we supply to you or to our other customers.

3. Phone number

3.1 You have no right to sell or to agree to transfer the number provided to you for use with the Service and you must not try to do so.
3.2 Nobody must advertise the phone number for the Service in or on a Phone Box without our consent, and you must make sure that this does not happen.
The action that we can take if this happens is explained in paragraphs 13.1 and 13.2.We will however give you written notice before taking any such action.

4. The Phone Book and Directory Enquiries

4.1 No entry will be made in the phone book unless you request this in writing to us, once requested we will put your name, address and the phone number for the Service in The Phone Book for your area and make your phone number available from BT Directory Enquiries Service, as soon as we can.
4.2 If you want a special entry in The Phone Book you must let us know. Where we agree to a special entry you must pay an extra charge and sign a separate agreement for that entry.

5. Call Monitoring

We may occasionally monitor and record calls made to or by us relating to customer services and telemarketing. We do this for training purposes and to improve the quality of our customer services, including complaint handling.

6. Use of your information

6.1 We will use the information we have about you and your use of the Service for marketing purposes. However, we will not do so if you ask us not to.
6.2 For your information we process your billing data and information about your use of ET service (this includes information about your bill size, the numbers you call and the times you call) for marketing our own telecommunicationsproducts and services. This allows us to better inform you about products, services, pricing packages and special offers which we provide and which we believe may be of particular interest to you. For example, we are able to help you benefitfrom discounts to frequently called numbers and destinations.WE DO NOT DISCLOSE THIS INFORMATION TO ANYONE ELSE. We need your consent to continue to give you all the benefits that this processing provides and will assume we have it, unless you tell us otherwise by writing to us atExpress Telephony Limited – The Priest’s House, 90 High Road, Broxbourne, Hertfordshire EN10 7DZ or any other address we give you.

7. When we will provide the Service

We will provide you with the Service by the date we agree with you in writing, email or fax.

8. Repairing faults

8.1 We will work on any fault that is reported to us according to the repair service we have agreed to provide to you.
8.2 When we agree to work on a fault outside the hours covered by the repair service that we provide to you, you must pay us any extra charges incurred.
8.3 If you tell us there is a fault in the Service and we find either that there is not or that someone at your premises has caused the fault, we may charge you for the work we do, to try to find the fault or to repair it.

What you agree to do

9. Paying our charges for the Service

9.1 Charges

(a) You must pay the charges for the Service as set out in our Price List. This applies whether you use the Service or someone else does. We can change the charges as explained in paragraph 15.2.
(b) If someone makes a Call without your knowledge, from our side of the main telephone socket, you will not have to pay for the Call, unless we provethat you could have taken reasonable steps to prevent the Call being made.

9.2 Rental

You must pay us rental from the day we supply the Service. For ISDN 30e and Dass 2, this will be from the date the Bearer is installed where there are not any numbers to be retained. Where there are numbers to be retained, you will have up to 21 days to activate the Bearer before we will impose the rental charge on the service. We will usually ask

you to pay the rental in advance. The rental will depend on how we classify your line. The classifications will be explained at the time of order. If we supply you with temporary Service, you may have to pay the rental in advance for the whole period that you want the Service.

9.3 Calculating the Call charges

We will calculate the charges for Calls using the details recorded at the BT telephone exchange.

9.4 Bills

We will send you your first bill shortly after we provide the Service. We will send you further bills about every month, but we may send you a bill at any time including any call charges in arrears. We will send bills to the address you ask us to.

9.5 Payments in advance, deposits and Call Levels

(a) We may ask you for a payment before one is normally due. This will not be more than the
connection charge and rental for the Minimum Period, except in circumstances where we send you a bill because you have exceeded your Call Level.

(b) We may ask for a deposit at any time, as security for payment of your bills if it is reasonable for us to do so.

(c) We may decide a Call Level is no longer necessary. We will inform you of this.

(d) We may use the services of a Credit Reference Agency in order to approve your application for services. We reserve the right to decline any application that does not meet our criteria.
9.6 When you must pay

You must pay all charges and rental within 14 days of you receiving your bill and deposits when we ask for them.

Payments to be made by Direct Debit /Standing order, cash, cheque or credit/debit card as agreed in writing by Express Telephony Ltd.

9.7 Minimum requirement for Service

In return for ET to provide any line services, all voice and data traffic must be routed and billed through ET. Failure to do so may result in a levy being imposed upon the service concerned.

10. Your other responsibilities

10.1 Connecting and using your equipment with the BT network

(a)You may only connect phones, extension wiring, sockets or other equipment to the BT network using a main telephone socket that BT has fitted and maintain, unless we agree otherwise. We may end any such agreement after giving you reasonable notice.
(b) Equipment must only be used with our network in a way that meets the relevant standards and your licence. If your equipment does not meet those standards or your licence, you must immediately disconnect it, or allow us to do so at your expense. If you ask us to test your equipment to make sure that it meets those standards or your licence, you must pay us the charge set out in our Price List.
(c) You are liable for all charges for calls that arise from faulty equipment, incorrectly installed software, software bugs, viruses and incorrectly configured hardware that fails to disconnect from the network or repeatedly redials.

10.2 Supplying a place and electricity for our equipment

We will have to place equipment on your premises to provide you with the Service. For residential customers this will normally be just a main telephone socket. You must provide a suitable place and conditions for our equipment. If we have to supply equipment that needs a continuous mains electricity supply and connection points, you must provide them where we need them at your own expense.

10.3 Preparing your premises

You must prepare your premises before we arrive according to any instructions that we give you. When our work is completed, you will also be responsible for putting items back and for any necessary redecorating.

10.4 Entry to your premises

(a) If the engineers have to enter your premises you must let them do so as long as they show their BT or ET Identity Card. We will meet your reasonable requirements about the safety of people on your premises and you must do the same for us.
(b) If we need someone else’s permission to cross or put our equipment on their premises, you must get that agreement for us and make any necessary arrangements.

10.5 Damage

Nobody must tamper with our equipment that is on your premises. If anyone does and there is any damage to or loss of our equipment, you must pay the charge in our Price List for any necessary repair or replacement.

10.6 Misuse of the Service

Nobody must use the Service:
(a) to make offensive, indecent, menacing, nuisance or hoax Calls;
(b) Fraudulently or in connection with a criminal offence; and you must make sure that this does not happen. The action we can take if this happens is explained in paragraphs 13.1 and 13.2. If a claim is made against us because the Service is misused in this way, you must reimburse us in respect of any
sums we are obliged to pay.

10.7 Indemnity

If you use the Service for business purposes, you must indemnify us against any claims that anyone (other than you) threatens or makes against us because the Service is faulty or cannot be used by them. If things go wrong

11. If we break this agreement

11.1 We accept liability for being late in providing the Service or repairing a failure of the Service, or for failing to keep an appointment, unless for a reason covered by paragraph 12. However, our liability is limited as set out in this paragraph 11.
11.2 We accept liability if you are injured or die as a result of our negligence. We do not limit that liability and paragraphs 11.3, 11.4 and 11.5 do not apply to that liability.
11.3 We have no liability under this agreement for a failurein provision of the Service or the Service itself. This does not affect our liability if we are negligent.
11.4 We have no liability for any loss that is not reasonably foreseeable, nor any loss of business, revenue, profit, or savings you expected to make, wasted expense, financial loss or data being lost or harmed.
11.5 Any liability we have of any sort (including any liability because of our negligence) is limited to £1 million for any one event or any series of related events, and in any 12 month period to £2 million in total.
11.6 Each part of this agreement that excludes or limits our liability operates separately. If any part is disallowed or is not effective, the other parts will continue to apply.

12. Matters beyond our reasonable control

If we cannot do what we have promised in this agreement because of something beyond our reasonable control such as lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, national or local emergency, anything done by government or other competent authority or industrial disputes of any kind, (including those involving our employees), we will not be liable for this. However, we will refund a day’s rental to you for any day, or part day, that there is a failure of the Service because of something beyond our reasonable control.

13. If you break this agreement

13.1 We can suspend the Service or end the agreement (or both) at any time without telling you if:
(a) you break this agreement or any other agreement you have with us for telephone (including payphone), telex or private service and fail to remedy the breach within a reasonable time of being asked to do so;
(b) we believe that the Service is being used in a way forbidden by paragraph 10.6. This applies even if you do not know that the Calls are being made or the Service is being used in such a way;
(c) bankruptcy or insolvency proceedings are brought against you, or if you do not make any payment under a judgement of a Court on time, or you make an arrangement with your creditors, or a receiver or administrator is appointed over any of your assets, or you go into liquidation.
13.2 If your agreed Call Level is reached before your next monthly bill is sent to you, we will inform you of the amount you have spent and agree any necessary action. If you have a limited payment history for the Service (less than 3 bills received and paid in full) we may also restrict your ability to make outgoing calls pending payment of charges
accrued on our billing system.
13.3 If you miss a payment, we will not suspend the Service or end the agreement until 7 days after the payment was due. However, if we suspend the Service and you miss another payment during the 12 months after we provide the Service again, we may then suspend the Service or end the agreement (or both) 7 days after the payment was due. In the case of a bill for Call charges only we may suspend the Service or end the agreement (or both) 7 days after payment was due.
13.4 If we suspend the Service, we will not provide it again until you do what you have agreed, or satisfy us that you will do so in future or that the Service will not be used in a way that is forbidden by paragraph 10.6.
13.5 If we suspend the Service because you break this agreement, the agreement will still continue. You must pay us rental until we end the agreement by giving notice under paragraph 13.1 or you or we end the agreement by giving notice under paragraph 18.1.

14. Arbitration

If we cannot resolve any dispute with you, you can refer the dispute to the Chartered Institute of Arbitrators under our simple procedure. This does not apply to disputes that involve more than £5,000 or a complicated issue of law.

15. Changing the agreement

15.1 In general
If you ask us to make any change to the Service we may ask you to confirm your request in writing. If we agree to a change, this agreement will be changed when we confirm the change to you in writing.
15.2 Conditions
We can change the conditions of this agreement including our charges at any time. We will give you at least 2 weeks notice of any change to these conditions.

16. Transferring the agreement

You cannot transfer or try to transfer this agreement or any part of it to anyone else.

17. Cancelling the Service before it is provided

You may cancel the Service at any time. However, after the contract has been signed and received by us, you will be liable for the administration charge as set out in our price list (ISDN 30e and Dass 2 only). Also you may be liable for any abortive call out charges, work we have carried out or money we have spent on your behalf prior to the Bearer being installed.

18. Ending the agreement after the Service is provided

18.1 This agreement, or the supply of the Service, can be ended by:
(a) one month’s notice from us to you; or
(b) 30 days’ notice from you to us.
18.2 If we give you notice, you must pay rental up to the end of that notice. If you give us notice, you must pay rental until 30 days from the date we receive your notice, or until the end of the notice if that is later.
a) For the purpose of clarification all Express Telephony digital and analogue line services have a minimum contract period of 12 months unless otherwise shown in writing on customer order forms.
18.3 The definition of ‘Service Provided’ (ISDN 30e and Dass 2 only) will be deemed from when the Bearer has been installed to the premises; all other services from install date. If you cancel the service order before the Customer Confirmed Date (CCD), you will be liable for charges based
upon the number of clear working days between the
received signed order to MSD and the CCD (Please see additional line service Terms and Conditions). If you cancel any ISDN service after the Bearer or Circuit (ISDN 2) has been installed, you will have to pay the full installation costs of the service provided. ET’s standard installation charges are set out in the price list. All types of lines are subject to an Abortive Call Out Charge (Please see additional line service Terms and Conditions).
18.4 If you give us notice that ends during the Minimum Period (for ISDN30e and Dass 2 that is anytime between the date of Bearer activation to the end of the contract term; all other services from installation date), you must pay us the relevant cancellation charge. This will be 30% of the outstanding rental value for the remaining period of the contract. For all services, provided