1. Definitions

“Charges” means the charges for the Service as set out in the Price List which is available from eZe Talk.
“Contract” means the contract application, which you signed or agreed on the telephone, these terms and the Price List;
“CPS Service” means Carrier Pre Selection, which is the selection of the preferred carrier for telephone calls at the British Telecom (BT) local exchange;
“Minimum Period” means the contract period which is 24 months from the Start Date unless otherwise agreed in writing.
“Network Operator” means any person(s) authorized or permitted to run a public switched telecommunications network over which we provide the Service;
“Price List” means the list(s) of the Charges, current at the time you use the Service, as published by us from time to time;
“Service” means any of (i) the ability to make calls from your property on the Network Operator telephone line(s) that we provide, (ii) the carrying and making of calls and (iii) any related services we have agreed to provide, under this Contract;
"Start Date" means the date the Service is activated;
“we” and “us” means eZe Talk Limited or our agents;
“you” means you, the customer with whom we make this contract;

2. Commencement and Term

2.1 The Contract begins when we confirm to you our acceptance of your application and you receive a copy of these terms. The Service will commence on the Start Date. You have a right to a 7 day cooling off period as from the date of the acceptance letter to change your mind.
2.2 We cannot guarantee that your application will be processed immediately or accepted. We may need to cancel your Contract if the carrier or BT rejects your application.
2.3 The Contract will continue for the Minimum Period (subject to Clauses 2.2 and 9.2) and shall automatically renew for periods of 12 months on the expiry of the Minimum Period (each such period shall be a "Renewal Period") unless and until terminated under Clause 9.1.
2.4 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.

3. The Service

3.1 We will provide the Service in accordance with this Contract and with the reasonable skill and care of a competent telecommunications provider.
3.2 The Service does not include telephones or other equipment that we may supply to you under a separate agreement.
3.3 You authorize us to act exclusively on your behalf in dealing with a Network Operator in connection with any matter enabling us to provide you with the Service (e.g. authority to change access codes) and to carry your voice and data traffic.
3.4 From time to time we may have to:
3.4.1. interrupt the Service for operational or emergency reasons, and/or
3.4.2 change the code or telephone number or technical specification of the Service for operational reasons.
3.4.3 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.
3.5 We may monitor and/or record telephone calls made by or to us relating to customer services and marketing.
3.6 It is your responsibility to ensure that any monitored alarm system (MAS) i.e. Redcare, your use is compatible with the Service. If we suspend or end the Service, this will affect your MAS. We do not accept liability in connection with your use of a MAS with the Service.
3.7 We reserve the right to select any Network Operator for the CPS service.
3.8 For any sales promotion or discount applicable to the contract during the contract term additional conditions will apply as outlined in the terms of that promotion.
3.9 It is your responsibility to ensure that any switch reprogramming is performed before the start of the service. Failure to do so may impact on your ability to make outbound calls. We do not accept liability in connection with any disruption this may cause.

4. Charges and Payment

4.1 It is a condition of the contract that you pay the Charges set out in the Price List by Direct Debit and you are responsible if someone else uses the Services supplied under this Contract.
4.2 We may change the Charges as permitted by Clause 10. We will give you reasonable notice of any changes.
4.3 Bills will normally be supplied monthly, but may be sent at any time. Line rental charges will be billed in advance. Call charge s will be billed in arrears and call times are rounded up to the nearest 60 seconds.
4.4 You agree to pay bills by the agreed method and in full within 10 days of the date of the bill. We may charge interest on any overdue amount(s) at the rate of 4% per annum above the HSBC plc base rate, and may also levy an administration fee to cover our costs of recovering such amounts.
4.5 All Charges and other sums payable under this Contract are subject to VAT at the prevailing rate.
4.6 You authorize us to change your variable Direct Debit instruction according to the charges payable by you for the Service for each billing period, including any bank related charges.
4.7 If you come off Direct Debit for any reason we have the right to change the pricing of the service. If a Direct Debit is dishonoured or cancelled we shall charge an administration fee (the amount of which is available on request) which may include third party charges and in addition we may suspend your service and lower your Credit Limit.
4.8 You agree to pay all Charges until the date on which we stop providing the Service to you. Line rental Charges are payable during any period of suspension.
4.9 Charges will be calculated using details recorded and logged by us.

5. Use of the Service

5.1 You agree to use the Service in accordance with a) this Contract; b) any instructions we give you under Clause 3.4.3, and ensure that anyone given access by you to the Service does the same.
5.2 You agree to ensure that neither you, nor anyone else to whom you give access to the Service, uses it:
5.2.1 for any improper, immoral or unlawful purpose;
5.2.2 to make any abusive, defamatory, offensive, nuisance or hoax calls, or
5.2.3 in such a way as to damage or adversely to affect the operation or quality of the telecommunications system used to provide the Service. If as a consequence 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.

6. Credit and Security

6.1 We may ask you for a deposit at any time, as security for payment of your bill or other amounts owed, if we believe it is reasonable to do so. Deposits are payable on request and do not bear interest. If not paid when requested we may suspend the provision of the service until such time the deposit is paid.
6.2 We may use the deposit to pay any outstanding Charges. We will return your deposit on termination of the Contract, if we are satisfied that you have paid all Charges on time and have acted in accordance with the Contract.

7. Your other Responsibilities

7.1 You agree only to connect to the Network, equipment which meets the relevant standards. You agree to obtain and maintain any consents required of you to allow us to provide the Service.
7.2 If you use the Service for business purposes, you must indemnify us against any claims that anyone, other than you, makes against us because the Service is faulty or cannot be used by them.

8. Faults

8.1 The Service may be affected by matters beyond our control, e.g. lack of network capacity. Therefore, we cannot guarantee that the Service will be free of faults or interruptions.
8.2 We will use all reasonable endeavours to repair faults within a reasonable period, and any repair service we have agreed to provide to you. A charge will be made, as set out in our Price List, for work done outside the hours covered by our repair agreement, and for work done on reported faults where either there is no fault or it arises either from breach of this Contract, or where your equipment or someone at your premises has caused it.
8.3 If you have a problem with, or a complaint about the Service, please contact our Customer Services team in writing.

9. Suspension and Termination

9.1 This Contract may be terminated in writing by either you or us for convenience (i.e. other than where a breach exists) by giving not less than 30 days’ notice to end on the last day of the Minimum Period or any Renewal Period.
9.2 We can suspend (disconnect) and/or terminate this Contract if:
9.2.1 you breach Clause 4 of this Contract; or
9.2.2 you breach Clause 5 of this Contract (knowingly or otherwise); or
9.2.3 you breach any other provision of this Contract and fail to remedy it within 7 days of being asked to do so; or
9.2.4 we have reason to believe that you have given us false or misleading information; or
9.2.5 you take or have taken against you any insolvency proceedings relating to you; or
9.2.6 we have reason to suspect fraud or money laundering or you fail any credit checks; or
9.2.7 we are required to do so by the Government, an emergency service organization or any other competent body.
9.2.8 despite our reasonable efforts, we can no longer provide the Service (e.g. due to network unavailability); or If you terminate this Contract during the Minimum Period other than as permitted by its terms, or we terminate this Contract under 9.2.1 to 9.2.6, you will be liable for a termination fee of £300 which shall be paid within 7 days of the date of termination, plus line rental to end of contract period. You agree that the termination fee which allows for various costs of acquisition, administration costs and other items is a reasonable pre-estimate of our loss if you terminate this Contract other than as permitted by its terms, or we terminate this Contract under 9.2.1 to 9.2.6. This fee will be reduced by 25% from 1 year after the start date and a further 25% the following year.
9.3 If we suspend the Service, you may not be able to make emergency calls.
9.4 If we suspend the Service and agree to reconnect you, you may have to pay a reconnection charge of £30.00 per line.

10. Variation

10.1 We reserve the right to change any term of this Contract, including the Charges, at any time. We will only do so for valid reasons, such as an increase or decrease in tariff access rates or other new charges or changes in charges levied on us by the Network Operator, changing regulatory or legal requirements, or as necessary to enable us to provide the Service to you. This includes the ability to separately charge for services currently included in the service as free. We will give you reasonable notice of any change before it takes effect.

11. Events beyond our Control

11.1 We are not liable for any failure by us to carry out our responsibilities under this Contract due to matters beyond our reasonable control, such as exceptionally severe weather, lightning, acts of terrorism, industrial disputes, civil disturbance, war or default a by third party (including without limitation default by a Network Operator or its telecommunications or other systems. In particular, we are not liable if BT or any other any Network Operator fails to provide the CPS Service).

12. Use of Personal Information

12.1 We (or our agents) may use the information that you provide us with or that we hold about you to:
12.1.1 identify you when you contact us;
12.1.2 administer your account;
12.1.3 prevent and detect fraud or loss;
12.1.4 carry out customer profiling and marketing analysis;
12.1.5 contact you, unless you have asked us not , about the other services and products we can provide.
12.2 We may disclose your information that we hold about you to licensed credit reference agencies and other organizations to help make credit decisions for debt and fraud prevention purposes. We and the credit agency may retain a record of the credit checks carried out.
12.3 We may disclose your information to third parties for the purpose of providing the Services that you have requested, or for legal or regulatory reasons.
12.4 Except as set out above, we will not disclose your information to third parties. If you want to contact us about our use of your information, please write to us at eZe Talk, Hays House, 25 Albion Street, Hanley ST1 1QF

13. General Provisions

13.1 You agree that the person signing this contract or verbal agreement has authority to do so.
13.2 Waiver: Waiver by us of any breach by you of this Contract will not operate as a waiver of any subsequent breach.
13.3 Enforceability: If any provision of the Agreement is held by a court to be unenforceable, it will not affect the validity of any other part of this Agreement.
13.4 Transferability:
13.4.1 You agree not to transfer any of your rights or obligations under this Contract.
13.4.2 We may, at any time, assign our rights and/or obligations under this Contract to another entity which has a license to provide services of the same kind as the Services.
13.5 Notices: Any notice given under this Contract must be in writing and delivered by hand or sent by facsimile or registered post to: eZe Talk Limited, at the address given in Clause 12.4.
13.6 The Contract is governed by the law of:
13.6.1 England, Wales, Scotland and Northern Ireland.

14. Liability

14.1 Nothing in this Contract restricts our liability for death or personal injury caused by our negligence or any other matter liability for which cannot, by law, be excluded or restricted.
14.2 We will not be liable under this Contract for any loss or damage caused by us or our employees or agents in circumstances where:
14.2.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
14.2.2 such loss or damage is not a reasonably foreseeable result of any such breach;
14.2.3 any increase in loss or damage resulting from breach by you of any term of this Contract."
14.3 Other than as set out above, our liability is limited to £1,000 per incident or series of connected incidents, and £5,000 in any 12 month period.
14.4 Where the phone lines are maintained by a third party compensation will be limited to the amounts recoverable from the third party.
14.6 Each of the provisions in this Clause operates separately. If any provision is disallowed or found to be ineffective by any competent body, the other provisions will continue to apply.
v.3 – February 2006 eZe Talk Limited Love Lane Betchton Sandbach Cheshire CW11 2TS.


LINE RENTAL TERMS

SPECIAL TERMS AND CONDITIONS – LINE RENTAL SERVICES

These terms and conditions are in addition to standard eZe Talk/eZe Gift terms and conditions.
 
1.Definitions

1.1.“Contract” means these Conditions and the Price List.
1.2.“Price List” means the list(s) of charges current at the time you use the service
1.3.“Line Rental Service” means the service to allow you to rent access to the main telephone line.
1.4.“Third Party Operator” means the operator of any telecommunications network system over which we provide the service.
1.5.“Minimum Period” means the first 12 months of the Line Rental Service or the period set out in our Price List.
1.6.“Price List” means the material published by us form time to time which includes the prices and rates for the Line Rental Service.
1.7.“We” means eZe Talk/eZe Gift.
1.8.“You” means the customer with whom we make this agreement.
 
2.Provision of and use of the service

2.1.We shall provide Line Rental Service to you and you authorise us to act on your behalf in all dealings with any Third Party Operator in connection with any matter that enables us to provide or to continue to provide you with the Line Rental Service.
2.2.We cannot guarantee that the Line Rental Service will be free of faults or interruptions, timely or secure to the extent the Line Rental Service may be affected by things we cannot control.
2.3.Certain services which are provided by Third Party Operators may not be compatible with the Line Rental Service. You should be aware that such services may be automatically removed from your line during set up and may no longer be available to you.
2.4.You agree to follow any reasonable instructions that we may give you about the service. This includes giving us access to your premises.
2.5.You will agree to get any permission needed from someone else, for example your neighbour or landlord, if we have to cross their land or put our equipment on their premises.
 
3.Faults with the line rental service

3.1.If you suffer or suspect a fault with the Line Rental Service then you should contact our Customer Services Team. If you try and contact any Third Party Operator it is likely that they will ask you to contact us.
3.2.We will work on any fault that is reported to us according to the repair service we have agreed to provide to you. These repair services are explained in our Price List.
3.3.You agree that you will be responsible for all charges that you incur or we incur on your behalf in repairing the fault with the Line Rental Service unless the fault is the result of any act or omission of us or a Third Party Operator or is due to fair wear and tear.
3.4.If we decide that an engineer should be sent to your premises in connection with a fault and that engineer arrives within an agreed appointment time, you will incur an administration fee if you are not available at the agreed time.
3.5.If an engineer attends a fault and decides the fault is with the equipment owned by you then you will be charged for any work carried out and the engineer may disconnect the equipment.
 
4.Charges

4.1.You must pay us rental from the day we supply the Line Rental Service. We will usually ask you to pay the rental in advance. The rental will depend on how we classify your line. The classifications are explained in our Price List.
4.2.We will send you your first bill shortly after we provide the Service. We will send you further bills monthly, but we may send you a bill at any time. We will include all charges on your next bill where possible, and in any event as soon as we can
 
5.Termination

5.1.You may cancel the Line Rental Service at any time up to the point of provision. However, if you have ordered the Line Rental Service you must pay for any work we have done or money we have spent.
5.2.You may end this Contract for the Line Rental Service after it has been provided by giving us 30 days notice. If you give us notice that ends during the Minimum Period you must pay us the relevant cancellation charge set out in our Price List.
5.3.If you have paid any rental for a period after the end of the agreement, we will either repay it or put it towards any money you owe us
5.4.We may end this Contract for the Line Rental Service by giving you at least 30 days prior notice or immediately if:
1. you do not pay any Charges on time
2. you fail any credit or fraud prevention check
3. we have good reason for believing that any information you have given us is false or misleading
4. you are subject to any bankruptcy or insolvency proceedings
5. despite our reasonable efforts the Line Rental Services are no longer available to us
 
6.Changes to the agreement

6.1.We can change the conditions of this agreement including our charges at any time. We will publish details on line at http:www.eze-gift.com/www.eze-gift.co.uk.
 

eZe-Talk, Love Lane, Betchton, Sandbatch, Cheshire, CW11 2TS

Tel: 0870 111 888 4 Fax: 0870 787 0079  email: info@eze-talk.com