Terms and Conditions
Lansdowne Telecom Limited Terms and Conditions
- This agreement covers the provision of telecommunication Services by Lansdowne Telecom Limited.
- We shall provide the Services with the reasonable care and skill of a competent telecommunications service provider.
- We may amend how these services are provided if we wish to maintain or improve their quality or need to comply with any law or regulation.
- Length of the Contract
- This agreement will be for an initial period of 12 months ("the Initial Period") from the date of our confirmation of your order (unless otherwise specified) and will be automatically renewed for further rolling periods of 12 months (subject to clause 8) unless and until either of us gives to the other 28 days written notice of termination expiring on or before the end of the Initial Period or of any subsequent period of 12 months.
- We agree to provide you with the service as specified between us subject to the provisions of this agreement. You agree:
- to use the services in accordance with this agreement, any instructions given by us from time to time and any laws, regulations and licenses which apply to the use by you of the services;
- not to allow an alternative supplier to override or bypass our service either through the installation of equipment or through the BT local exchange;
- to be responsible for any engineering reprogramming costs or equipment removal costs that may be required to terminate the service of any previous supplier;
- not to use the service for the transmission of any material that is defamatory, offensive, of an abusive, obscene or menacing character, or is of a nature which if transmitted would constitute a criminal offence;
- not to cause annoyance, inconvenience or needless anxiety.
- You shall ensure that any equipment connected to or used with the Services is connected and used in accordance with any applicable instructions, safety or security procedures.
- You agree to indemnify us for all losses, fines, damages, claims, costs and expenses suffered or incurred by us arising from or in connection with your use of the Services in breach of clause 3.i.
- If you use the Services for business purposes you agree to indemnify us against any claims that anyone (other than you) threatens or makes against us because the Services are faulty or cannot be used by them.
- Telephone Number
- Where we allocate a telephone number for the purpose of providing the Services, occasionally, we may have to change the code or phone number or the technical specification of the service. We shall provide reasonable notice of such change.
- You have no right to sell or transfer the number provided to you by us.
- We cannot guarantee that the Services will never be faulty. However, we will use our best endeavours to correct a fault as soon as possible.
- Suspension of Service
- We may suspend the provision of Services to you, without compensation, until further notice if we reasonably believe that:
- you are in breach of clause 3.i;
- you are in breach of clause 7.vi and have not remedied the breach within 7 days of receiving a reminder to pay our bill to you;
- we are obliged to comply with a request from a government, emergency services organisation or other competent authority.
- If we suspend the Services under clause 6.i (a) or (b) only, you shall reimburse us for our reasonably incurred costs for both the suspension and/or recommencement of the provision of Services.
- If we exercise the right to suspend the Services, this shall not affect our rights of contract termination under clause 8.
- Charges and Payment Terms
- The charges for the Services shall be in accordance with our current price list from time to time and shall be charged from the date of our order confirmation. Please note:
- any connection charges are non-refundable;
- charges are calculated from data recorded by us and not from your own records;
- any default in payment will be covered by an administration charge, which will be included on your next monthly bill;
- We may change our prices from time to time. If the rates are decreased, this will be reflected in your next bill. If the rates are increased, we shall provide you with 14 days notice in advance of any changes that we are making. You shall be entitled to terminate this contract at any time with no penalty on providing us with 28 days notice before the price increase.
- Calls shall be charged in one second increments and rounded up to the nearest second. There is a minimum call charge of 4.2p (excluding VAT).
- A one time connection charge of £25.00 per customer billing location will be charged.
- We shall prepare and send to you a bill every month detailing charges for the previous month. The bill shall be payable within 14 days of receipt.
- Monthly variable direct debit is the only means of payment of Lansdowne Telecom invoices and Lansdowne Telecom reserves the right to refuse customers not wishing to pay by direct debit. If a Direct Debit or cheque is dishonoured or cancelled we shall be entitled to pass on to you any administration fee, which may include third party charges.
- You will be notified of any problems with your payments or direct debit instruction. Arrears and/or unwillingness to maintain payment by direct debit may result in your Services being suspended.
- We may charge you interest both before and after any judgement at a rate equal to 4% above base rate from time to time of Barclays Bank plc on the late payment of our bill.
- You may terminate the Contract at any time after the initial twelve (12) month period, (unless such contract is renewed for a further twelve (12) month period) on providing us with 28 days written notice prior to the annual renewal date. If you terminate this agreement prior to the expiry of the contracted term, you agree to pay a compensation charge equal to the balance of the fixed line rental due up to the expiry of this agreement. In addition, you agree to pay a compensation charge in respect of telephone call traffic, equal to four (4x) times the value of average monthly call billing during the term of this agreement up to and including the month of termination.
- Either party may terminate this agreement immediately on notice if the other:
- commits a material breach of this agreement, which is capable of remedy and fails to remedy the breach within 14 days from the date of the notice from the other party;
- commits a material breach of this agreement which cannot be remedied; or
- is repeatedly in breach of any of the terms of this agreement; or
- has bankruptcy or insolvency proceedings brought against it; or if it does not make any payment under a judgment of a court on time, or it makes an arrangement with its creditors; or a receiver, an administrative receiver or an administrator is appointed over any of its assets; or it goes into liquidation; or there is a corresponding event under the law of any other country.
- If we terminate the Contract under clause 8.ii you shall immediately pay us all outstanding charges for your use of the Services up to the date of the termination.
- We may terminate the Contract without recourse at any time, on providing you with 7 days written notice.
- Neither party excludes or restricts its liability for death or personal injury caused by its own negligence or that of its employees, sub-contractors or agents to any extent not permitted by law.
- Neither you or we shall be liable to the other for any loss or damage which may be suffered by the other due to any cause beyond its reasonable control including without limitation any act of God, inclement weather, failure or shortage of power supplies, flood drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, any act or omission of Government, highways authorities, other public telecommunications operators or other competent authority, war, act of terrorism, civil disorder or military operations.
- We shall not be liable for any loss that is not reasonably foreseeable or any loss calculated by reference to profits, income, or business or loss of such profits, income, or business or for any loss of data or goodwill.
- Either party's aggregate liability (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed £2,500 for any one incident or series of related incidents.
- You may not transfer the whole or any part of the Contract without our prior written consent.
- We reserve the right to transfer the whole or any part of the Contract or to assign the Contract in whole or in part at any time without notice to you.
- If you have a complaint or query regarding any aspect of the services including your bill, please contact our Customer Services team during Working Hours.
- Any failure by either of us to enforce any right shall not be deemed a waiver of any such right nor prevent the exercise or enforcement of such rights at a later date.
- Any notice given under this agreement must be delivered by hand or sent by facsimile or prepaid post as follows:
- to us at the address shown on your last bill.
- to you at the address you have asked us to send bills to.
- If any particular clause of this agreement shall be or be held to be invalid or shall not apply to the agreement, the remaining clauses shall continue to apply
- We may change these terms and conditions at any time. We will publish any changes by writing to you and/or publishing them on our website
- This agreement is governed by English law.
- In these terms and conditions, unless the context otherwise requires:
- "Services" means the ability for you to make telephone calls through our telecommunications network in accordance with the terms of this agreement.
- "Working Hours" means the hours 09:00am to 05:00pm Monday to Friday, but not including public holidays.
- "you" and "your" means the customer with whom we make this agreement. It includes a person who we reasonably believe is acting with the customer's authority or knowledge.
- "we", "us" and "our" means Lansdowne Telecom Limited of 3 Bowood Close, Derry Hill, Calne, Wiltshire, SN11 9QZ
Lansdowne Telecom Limited
3 Bowood Close
T: 0845 241 1166
F: 0845 241 1177
3 Bowood Close
Tel: 0845 241 1166