Analogue Telephony Service Terms
1. The service we agree to give you includes:
1.1. installation or takeover and rental of a fixed BT telephone line;
1.2. the facility to make or receive phone calls including the ability to send or receive information for example, from computers using your telephone line;
1.3. any other facilities such as caller display that we agree to give you; and
1.4. one phone number for each fixed telephone line that you rent from us, which we will publish (with your details) and make available from Directory Enquiries Service unless you tell us not to.
2. If you make calls over your BT telephone line these calls will be included within any existing VOIP account with Northway. An additional landline interconnection fee of 0.5p per minute will be levied. This is to cover the cost of delivering the call from the public switched telephone network to Northway’s VOIP service.
3. We will agree a date with you for installation or takeover of your telephone line. If you cancel any appointment for the installation of your service after 12.00pm on the day before we agree to install your telephone line, you may be liable to pay a missed appointment charge. We will begin the service once any work we need to do is completed on that date (service start date). Unless you pay annually in advance for your line rental (Line Rental Saver) the minimum period for a line is 12 months.
4. Cancelling Your Agreement - You may cancel your agreement for the service by contacting us at any time up until the service start date.
5. We aim to provide a continuous, high-quality service.
6. If something goes wrong, we will work on any problem that is reported to us in line with the level of repair service that you have chosen. Not all levels of repair service may be available with your service.
7. We offer you the following main repair services:
7.1. Standard care operates during the period (0800-1800 hrs Monday to Friday, excluding Bank and Public Holidays). BT aim to repair a fault reported before 2100 hrs on one working day by the end of the second working day after the day you reported the fault.
7.2. Prompt care operates during the period 0800-1800 hrs Monday to Saturday, excluding Bank and Public Holidays. BT will aim to repair fault reported before 21.00 hours on one working day by the end of the next working day.
7.3. Engineers will only carry out work during the relevant operating hours for the repair service you have chosen.
8. We guarantee:
8.1. to provide the service by the date we agree with you;
8.2. to repair a service failure in line with the repair service you have chosen, normally this means by midnight on the third weekday (not including public and bank holidays) after the day you report the fault to us unless a specific appointment date is agreed. We will treat a fault reported after 9pm on a weekday, or anytime at weekends or on public or bank holidays, as if you reported the fault at 8am on the next weekday after the day you reported the fault to us.
8.3. not to disconnect the service by mistake; and
8.4. to keep any appointment we make with you under this agreement.
8.5. By service failure, we mean the continuous total loss of the facility to make or receive a phone call, or of any other facility we provide to you, due to a fault in any part of BT’s network up to and including the main telephone socket for your property.
9. The guarantee does not apply if:
9.1. someone other than Northway or BT has caused the fault;
9.2. we ask to come onto your property and you do not allow us to; or
9.3. we reasonably ask for other help and you do not give it.
9.4. If we are late in providing the service or repairing a service failure, you may request a call diversion. This is only available if it is reasonably practical, and sometimes technical restrictions may prevent us from offering you this option. If you make calls with another calls provider and you choose call diversion under this customer service guarantee scheme, you may be charged by your pre-selected call provider for the diverted leg of calls at that provider’s current rates.
10. Call diversion
10.1. If you request call diversion, we will divert your incoming calls to another fixed line or mobile phone number that you choose. Once we have provided the service or repaired the service failure, we will cancel your call diversion.
10.2. The number you choose must be a UK number, but there are some numbers which we will not divert your calls to (for example, 0800 and 0870 numbers). The full list is shown in paragraph 10.1.4 below.
10.3. If we divert your calls to a mobile number, the person calling you will not have to pay any extra costs for making that call.
10.4. Call diversion will not be provided for BT calling features and network features and to numbers beginning with 00, 08, 09, 070, 076, 0500 or 07744.
11. Changing your service
11.1. Changes we may make - Occasionally, we may have to interrupt the service. If we do so, we will restore it as quickly as we can. We may also from time to time need to change your area code or phone number, or access numbers.
11.2. Changes you can make
11.2.1. If you agree to take a calling plan on a renewable basis, at the end of the initial and any subsequent 12 month minimum period, the contract will be automatically renewed for a further 12 months unless you tell us you do not want to continue. We will write to you a month before the renewal date to remind you of this and let you know what to do should you not wish to renew your contract.
11.2.2. If you take a calling plan as part of a special offer or deal, then during the initial or any subsequent minimum period, you cannot downgrade to a lower level calling plan. Once the minimum period for your chosen offer or deal has ended, you may downgrade to a lower level calling plan without penalty.
11.2.3. Except as set out in paragraph 28 below, if you upgrade to a higher level calling plan, your existing contract – including any remaining minimum period – will continue to apply but we will charge you the fee that applies to the new level of calling plan that you have chosen.
11.2.4. If you upgrade your existing renewable calling plan to a higher level renewable calling plan, you must begin a new contract with a new minimum period for that renewable calling plan.
11.2.5. If, at any time, you take a calling plan as part of a promotion, you must begin a new contract with a new minimum period for that calling plan.
11.2.6. If you are an existing customer and move home, we will provide you with telephone service at your new address. If you paid annually in advance for your line rental at your old address, you can carry over any unused rental period to your new address. If you previously paid your line rental in any other way, you must begin a new contract with a 12 month minimum period for the telephone line. You may take any remaining minimum term for your existing calling plan with you and you may only upgrade or downgrade your calling plan as set out in paragraphs 11.2.1 to 11.2.6 above.
12. Duration, Termination and Termination charges
12.1. This Agreement comes into effect upon signature on behalf of the Company and will continue subject to clause 12.2 for the Minimum Agreement Period specified in the schedule and thereafter unless and until terminated by either party giving the other not less than three months written notice expiring not earlier than the last day of the said Minimum Period or on any anniversary of that date.
12.2. If the Client (a) fails to comply with any of the terms and conditions of this Agreement and fails to remedy such non compliance within a period of twenty eight days from receipt of written notice from the Company specifying the alleged breach and requesting the same to be remedied; or (b) fails to pay its debts (either to the Company or to the relevant Consortium as the case may be) as they fall due or is declared bankrupt or (being a limited company) has an Administrative Receiver or a Receiver appointed over the whole or any part of its undertaking property or assets or a petition is presented or an order is made or a resolution is passed for its winding up or for the appointment of an Administrator thereof; the Company shall be entitled (without prejudice to its other rights and remedies hereunder) forthwith to suspend further performance of this Agreement until the default has been made good or to terminate this Agreement by notice in writing to the Client. Notwithstanding such termination the Client shall pay the Company for all service provided up to an including the date of termination and the Client shall allow or procure for the Company access to its premises to recover the Connection Devices or other equipment belonging to the company.
12.3. Notwithstanding any other provisions of this Agreement, if the Client terminates this Agreement before the end of the Minimum Agreement Period the Company shall be entitled in addition to any payment made or due up to the termination date, to make the following additional charges: (a) 50% of the annual fee payable for the Service if terminated prior to the first anniversary of the Acceptance Date; or (b) 25% of the annual fee payable for the Service if terminated prior to the second anniversary of the Acceptance Date.
13.1. The Company shall not be liable for any claim for economic loss, loss of data, loss of production, loss of anticipated savings, loss of profits, loss of opportunity, loss of bargain or other indirect or consequential loss, injury or damage which may occur in connection with this Agreement.
13.2. The maximum liability of the Company for any claims of direct injury, loss or damage whether in contract or in tort arising out of or in connection with any damage to the tangible property of the Client shall be limited to £500,000.
13.3. Save in relation to death or personal injury caused by the Company’s negligence or in relation to the matters specified in clause 9.2 the total liability of the Company for any claims or claims made by the Client against the Company whether in contract or in tort (including negligence on the part of the Company, its servants or its agents) arising out of or in any way connected with this Agreement shall be limited to the amount to be paid by the Client hereunder over the twelve month period immediately prior to the claim arising or the amount to be paid by the Client during the then current annual charging period (whichever shall be the lower).