Terms and Conditions

This legal document sets out the contractual rights between you the customer and Flat Rate Telecom Limited (“FRT”)

Your Contract also includes the current price list which sets out details of how we will charge you both for the services and other facilities and penalties. The price list can be viewed at www.flatratetelecom.co.uk or you can order a copy by writing to us or by telephoning us.

1. INTERPRETATION

1.1 'Service' shall mean a telecommunication service that permits the Customer to access the Flat Rate telecoms network for the purposes of completing short or long distance and international calls and/or facsimile transmissions or any other related service provided by FRT. This Involves the dialling by the Customer of a UK number, after which the Customer dials the destination number. FRT shall provide the Customer with other appropriate means to accessing the Service as these become available, reserving the right to change these further facilities from time to time.

1.2 'Customer' shall mean the person herein who has signed this contract to have the use of the Services, and FRT will provide the Customer with the facility to use the services.

1.3 This agreement will have a duration of a minimum of 12 months from the date customer signs this contract and will be automatically renewed for a further minimum period of 12 months on the anniversary date unless and/or until either party gives the other written notice of termination as in clause 11.2 herein.

1.4 FRT means Flat Rate Telecom Limited a company registered at 46 Clerkenwell Close, London, EC1R 0AT.

2.

2.1 The Customer will use his best endeavours to ensure that no person or persons shall make use of the Service other than the Customer and persons who have received the express consent of the Customer to use the Service. The Customer’s liability to FRT for the unauthorised misuse of the service by a third party will cease in circumstances where the Customer has used his best endeavours to protect the Customer’s access and services and the Customer has notified FRT as soon as it has become aware that an authorised use of the service by a third party has occurred.

2.2 If the Customer is in breach of this clause the Customer will be liable for all calls made by third parties using the Service.

3. CHANGES PERMITTED

3.1 The Customer acknowledges that from time to time FRT may have to;

(i) Change the access (if any), services or phone number or the technical specifications of the Service supplied for operational and or security reasons

(ii) Interrupt the Service for operational reasons or in the case of an emergency giving the Customer instructions that FRT believe are necessary for Health and Safety, or for the quality of Service

(iii) Appoint authorised representatives to act on FRT’s behalf.

4. CHARGES & PAYMENTS FOR SERVICES

4.1 FRT shall offer to provide the Customer with other telephone services from time to time; the Customer shall pay a refundable deposit, if any, of which the sum shall be included within the invoice from here on and/or from activation date of services.

4.2 The Customer shall be charged as per the rates specified in the FRT price list in accordance to the agreed payment details or on the published rates or website unless agreed in writing by FRT from time to time.

4.3 The Customer shall be required to pay outstanding amounts by credit card and/or direct debit in accordance with credit terms. In the case of Pre-Paid facilities the sum shall be debited from their account, the sum decided by the Customer or by other such means that FRT expressly agree in writing from time to time.

4.4 Late payments will be subject to interest at 3% above the Barclay Bank PLC base rate from the due date of the respective invoice per month until payment is received. In addition FRT reserves the right to charge for costs incurred in pursuing late payments.

4.5 FRT will not pay any interest on any deposit required by FRT for the provision of additional equipment or services.

4.6 The Customer shall be solely liable for the charges of its usual or other telecommunications supplier in dialling up any access number that FRT may have provided in relation to use of the Service and will include connection charges from time to time, if applicable.

4.7 Under no circumstances is the customer allowed to use an alternative Telecom supplier to override or bypass FRT services either through the installation of equipment or through the BT local exchange without the prior consent in writing of FRT. Any such unauthorized changes or by-passing the FRT network or services may result to suspension/termination of services without notice to the customers or extra charges maybe added.

4.8 Where a direct debit is unpaid due to insufficient funds or cancellation or for any other reason, a £15 administration charge will be included on the Customer’s next monthly bill.

5. DEFAULT OF THE CUSTOMER

5.1 FRT shall reserve the right to terminate this contract forthwith without prior notice disconnecting any and or all of the Service supplied herein if:

(a) the Customer fails to, or represents that it is not intending to: i) pay when due any sums payable under this contract, or ii) observe or perform hereto any of the provisions of the Contract

(b) bankruptcy, insolvency or any arrangements with any creditors or proceedings are brought against the Customer, or the customer does not make any payment under a judgment of a Court within the said periods

(c) the Service is used by any person or persons to make offensive, indecent, menacing, nuisance, harassment or hoax calls, inclusive of fraudulent use and or in connection with a criminal offence.

5.2 The provisions of clause 5 shall not release nor Waiver the Customer from liability for the payment of the relating FRT outstanding amount, or its authorised agents all charges incurred by the Customer prior to disconnection of the services.

5.3 In the event that FRT suspends or terminates the Service, FRT reserves the right to refuse to reconnect the Customer, in this matter FRT reserves the right to request more onerous deposits, guarantees or other assurances that FRT deems appropriate.

6. LIABILITY AND INDEMNITY

6.1 FRT shall use all reasonable efforts in the provision of the Service but cannot guarantee a fault free service and in the unlikely event that there is an unacceptable service or total loss of service, you may be entitled to the compensation set out at clause 12 below.

6.2 FRT accepts unlimited liability for damage to health or personal injury resulting from its negligence.

6.3 In no circumstances whatsoever shall FRT or authorised representatives or Contractors be liable to the Customer or anyone residing at or visiting or working at the Customers premises whether in contract, tort (including negligence and breach of statutory duty) or otherwise for the act or omissions of any other providers of telecommunications services or their agents or contractors.

6.4 FRT employees, representatives and of authorised contractors as instructed by FRT shall be liable for direct damage to property relating to the equipment worked upon as a result of their negligence, subject to an overall limitation of £100,000 in any 12 month period for this loss of damage. Any proven loss sustained by the Customer will be deductible as a set-off against any amounts outstanding to FRT and/or any future invoices raised by FRT relating to the service.

6.5 FRT will not be liable to the Customer either in contract, tort (including negligence) or otherwise for any losses which are related to the Customer’s business such as loss of data, loss of profits, loss of revenue or business interruption or any losses which are not reasonably foreseeable by FRT.

6.6 The Customer shall indemnify FRT against any losses it sustains by reason of any action, proceedings or claims connected with the Customer’s use of the Service brought against FRT by any third party because of any breach by the Customer of its obligations under this Agreement.

6.7 Notwithstanding the above, nothing herein shall seek to exclude or restrict a consumer’s statutory rights as a consumer being a person contracting FRT for the Service other than in the course of business.

7. NON-ASSIGNMENT

7.1 The Customer shall not assign, delegate or otherwise transfer any of its rights or obligations hereunder without FRT's prior written consent which will not be unreasonably withheld.

7.2 FRT may transfer this agreement to any person, associated company or third party, taking over supply of the Service or sub-contract the provision of the Service or any part of it to any other person. In the case of subcontracting work or Services under this Contract, FRT will use their best endeavours to ensure that the Customer will not suffer detriment in terms of quality of the Service. FRT will ensure the Customer will receive written notification of any sale of it’s business or if any of the services are sub-contracted. The Notice will give the Customer opportunity to terminate this Contract in accordance with paragraph 11 herein and in the event that the provision of the Service is sub-contracted and the Customer suffers a proven detriment or detriments, then the Customer may terminate the agreement without penalty.

8. FORCE MAJEURE

8.1 FRT shall not be liable for an cessation of service caused by an Act of God, insurrection or civil disorder, war or military operations, national or local emergency, act or omission of governments, highway authority or other competent authority, industrial disputes of any kind, including; lightning, explosion, flood, subsidence, inclement weather, act or omissions of persons or bodies for whom FRT is not responsible.

9. MODIFICATION OF THE CONTRACT

9.1 FRT shall reserve the right, from time to time, to modify the conditions of this contract other than the provisions of Clause 6 governing liability, subject to giving the Customer 14 working days written notice of such amendment.

9.2 FRT reserves the right to alter its prices from time to time. All price changes will be published on the FRT’s website and the Customer will be given not less than 30 days’ notice in writing With the opportunity to terminate in accordance with paragraph 11 herein.

10. CREDIT LIMITS

10.1 FRT may, at its sole discretion, impose a credit limit in respect of the amount of charges that a Customer may incur during any calendar month in use of the Service.

10.2 FRT may, at its sole discretion, raise the credit limit at the request of the Customer, reserving the right to require a further deposit or other assurance from the Customer, in consideration of raising the limit.

10.3 If the Customer reaches or passes the set credit limit in any calendar month, FRT shall have the right to suspend the Service without notice for the remainder of that calendar month.

11. TERMINATION

11.1 This Contract can be terminated without penalty by either party giving the other a minimum of 30 days written notice and is intended to last for a minimum 12 month period.

11.2 This Contract can be terminated without penalty by either party giving the other a minimum of 30 days written notice not to expire before the end of any of the renewable 12 months minimum period of this Contract.

11.3 If this Contract is terminated by the Customer for any reason before the end of the 12 month the “Minimum period” then the Customer will have to pay a penalty charge which will vary depending on the time elapsed under the Contract. Details of the penalty charge applicable at any time will be available to the Customer by contacting FRT or by viewing the online or by telephoning customer services on 0845 252 9000.

11.4 Termination penalties will not apply in circumstances where FRT is or has been in serious breach of this agreement whether or not that breach relates to its failure to provide a reasonably satisfactory service or for any other material reason.

12. COMPENSATION

12.1 FRT will endeavour to provide a continuous service of satisfactory quality.

12.2 FRT cannot however guarantee a trouble free service and the service may be interrupted whether in terms of continuous provision or the quality of service whether or not the reasons for such interruption are within FRT’s reasonable control.

12.3 If the causes of interruption are beyond our reasonable control, e.g., in times of extremely hot weather, FRT will attempt to provide a call diversion. If this is not possible or if there is a failure of service for more than twenty four continuous hours then the consumer will be entitled to a refund on line rental equating to the costs of the rental paid by the consumer for the period of service interruption.

12.4 If FRT is responsible for a total loss of service whether because of the failure of its installed equipment, its installation or maintenance of equipment or its entire network service, for more than a period of twenty four continuous hours on any line owned by the customer, then the customer may claim compensation for his actual loss, provided that loss was economic and reasonably foreseeable by FRT. If the customer does claim actual economic loss, then it will he will be obliged to prove that loss. All claims for economic loss must be in writing supported by documentary evidence. Compensation for actual financial loss is limited to £1,000 per telephone line per incident.

12.5 Line rental rebate or economic loss compensation under this clause will be repayable to the customer by FRT either by cheque or by credit towards the customer’s next monthly bill.

13. NOTICE

13.1 Any notice, or other document which may be given or served by FRT under this Contract, shall be deemed to have been duly given or served if left at or sent by post to the address stated in this application as the Customer address, or at an address notified in writing to FRT by the Customer as an address to which the accounts may be sent.

14. SEVERABILITY

14.1 If any part of this Agreement is found by a Court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from the remainder of this Contract, which will remain valid and enforceable to the fullest extent permitted by law.

15. WAIVER

15.1 Failure by any party to exercise or enforce any right conferred by this Contract shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise of enforcement thereof or of any other right on any later occasion.

16. GOVERNING LAW

This Contract shall be governed by and construed and interpreted in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.

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