This Contract sets out the terms on which Imperial Telecom Limited (registered in England & Wales with number 8569770 & VAT Registration Number: 259 3940 68) will provide telecommunications services to you, the Customer with whom we make this Contract ("you"). By using the Service(s) (as defined below) you agree to the following terms and conditions.
Please contact our Customer Service Team.
Or via our website www.imperialtelecom.co.uk
For more details on any of our products and services, or to place an order immediately, please contact our Customer Service Team on 0208 144 1786 .
1.1 In this Contract:
"Acceptable Use Limit" means rules, limits or restrictions for the use of the Services as may be revised by us from time to time and may be set out in any service literature.
"Associates" means in relation to a party to this Contract (at the relevant time), any company which is a Subsidiary or a Holding Company or which is a Subsidiary of any such Holding Company from time to time (where 'Subsidiary' and 'Holding Company' have the meanings given in section 736 of the companies Act 1985).
"Authorisation" means the authorisation to act as a public electronic communications network or service provider under the Legislation.
"Billing Period" means any period in respect of which we will bill you from time to time for your use of the Services. "Broadband Plan" means the monthly tariff which you select at the time you sign this Contract.
"Broadband Service" means the high speed "always on" network access to the internet provided in accordance with the particular type of Broadband Plan chosen by you and supplied to your Premises via the Network and which is provided in accordance with the terms of the Contract.
"BT" means British Telecommunications Plc of 81, Newgate Street, London EC1A 7AJ.
"Call Charge" means a charge for units of time cost at the rates set out in the Price List.
"Charges" means the charges payable by you to us for the provision of the Services as set out in the Contract (which includes Call Charges, Connection Charges, Minimum Call Charges, Monthly Charges, Support Services and, where applicable, the Domain Name Price) or any revised changes notified to you in accordance with clause 4, together with all applicable taxes and any interest due in accordance with clause 4.
"Committed Period" means, in respect of each Service (except Website Services), the minimum period of eighteen (18) calendar months or (24) twenty-four months which ever is applicable, for which a Contract for each Service will run commencing on the Connection Date.
"Connection" means the connection of the Services to the relevant Network.
"Connection Charge" means the sum to be charged for connection to the Services as set out in the Price List.
"Connection Date" means the date of the connection of the Service(s)
"Contract" means this contract application between Imperial Telecom; the Customer for the provision of the Services subject to these terms and conditions, as agreed over the telephone, completed in person or on our website by the Customer or on the Customer's behalf.
"Cooling off Period" means the period of ten (10) Working Days from the Start Date of the Contract during which you may cancel it. "Credit Limit" means a monthly financial limit applied for Charges incurred under this Contract.
"Customer Services" means the Customer Services facility provided by Imperial Telecom for you to report any faults with the Services or make general or account enquiries contactable by phone, details of which are set out on Our Website and available between the hours of 9.00 am and 6.00 pm, Monday to Saturday (except certain public holidays). All calls may be monitored and recorded for training and security purposes;
"Denial of Service Attacks" means any attacks to the Network on which the Broadband Service is provided or any other third party's network, the purpose of which are to attempt to prevent legitimate users from using or enjoying the benefit of the Broadband Service or any other similar service (as the case may be), including but not limited to, attempts to 'flood' the Network (or any other third party's network) or to disrupt users from connecting to, accessing or using the Broadband Service.
"Fair Use Policy" means our policy for the use of the internet related Services and call packages as set out on Our Website, as may be revised by us from time to time by posting any updated version on Our Website.
"Fixed Line Plan" means the monthly tariff which you select at the time you sign this Contact.
"Fixed Line Services" means the fixed line services provided to you by us under the terms of this Contract enabling you to make and receive calls over the Network.
"Inclusive Calls" means a call lasting up to 60 minutes made by you to any local or national numbers from landline to landline in the case of Fixed Line Services
"Imperial Telecom" means Imperial Telecom Limited (registered in England & Wales with number 8569770) of 46, Syon Lane, Isleworth, Middlesex TW7 5NQ.
"Legislation" means any applicable legislation, authorisations, permissions, rules, regulations, orders and guidelines relating to the provision and/or marketing of the Services and includes without limitation the Communications Act 2003, the Telecommunications Act 1984, the ICSTIS Code and/or any directives or other requirements issued by OFCOM from time to time.
"Line Extras" means any other facilities that we agree to provide to you under this Contract that are additions to the Line Rental Service (such as call divert).
"Line Rental Service" means the Service we may agree to provide you to allow you to rent access to the main telephone line and shall include Line Extras where we agree to provide these to you.
"Network" means the electronic communications network(s) over which we provide the Service(s).
"OFCOM" means Office of Communications.
"Our Website" means the website located at www.imperialtelecom.co.uk or such other website as may be notified to you by us.
"Personal Data" has the meaning ascribed to it in The Data Protection Act 1998, as amended from time to time.
"Premises" means the mainland UK premises that we agree with you where we shall provide you with the Service(s).
"Price List" means a list of our current prices including (but not limited to) details of Connection Charges, charges for monthly access and related services and calls which is available on request by calling our Customer Services.
"Re-grade" means a change to the type of Broadband Plan that you subscribe to in accordance with these terms and conditions, resulting in an upgrade or downgrade to the Transmission Speed of the Broadband Service you receive.
"Recorded Conversations" All inbound and sales calls are recorded for training and quality purposes. Sales calls will be used to substantiate contract issues.
"Service Charges" means all fixed charges for eg: monthly line rental, Package price, calling features and etc.
"Service Failures" means any failure, error or defect in the provision of the Services by us but excludes failures, errors or defects arising from, caused by or contributed to by your acts or omissions or third parties acting on your behalf including other providers of telecommunications, computers or other equipment or services including internet services or any failure, error or defect arising as a result of causes beyond our reasonable control.
"Service Level" means in relation to a Service means the performance standard, if any, set out in the Contract.
"Service" means any one of the services described in a Contract and "Services" means any combination of two or more such services. "Software" means the software provided by us to you for the purposes of enabling you to use the Services including all associated documentation.
"Start Date" means the date upon which you either sign this Contract or if you have ordered the Services over the telephone or via the internet, the date upon which you set up your Contract.
"Third Party Operator" means the electronic communications network or services provider through which we provide our Services.
"Transmission Speed" means either the rate in kilo bits per second (kbps) or millions of bits per second (Mbps) that data is transferred between two modems. Your transmission speed is that specified in your Broadband Plan.
"Welcome Pack" A welcome pack is sent to all customers; however we can not be held responsible for loss of post. Our full Terms of conditions are available on the website. If a customer does not receive the welcome letter they are still bound by the terms and conditions.
"Working Day" means a day which is not a Sunday or a bank or public holiday in United Kingdom.
"You" "Your" or "Customer" means the person or entity with whom we are entering into this Contract and whose details are included in the contract application forming part of this Contract.
1.2 Words in the singular shall include the plural and vice versa and references to legal persons shall include natural persons and vice versa.
1.3 The headings in these conditions are intended for reference only and shall not affect their construction.
If you change your mind after you have requested Imperial Telecom's Home Phone/Broadband deal, you retain the option to cancel the service without penalty, within 10 working days of you agreeing to the services.
This contract will run for the duration originally specified, on the application form you have signed or agreed to over the phone (initial period) 24 months , unless and until either party gives notice of termination. If you terminate within the initial period, or any subsequent renewable period, you will be liable to pay a termination fee as specified in clause 2(d.2).
You will be charged for line rental, call packages, calls and all other services at the rates shown in our price list (full price list is available at www.imperialtelecom.co.uk )
1) If you wish to end your contract with us after the cooling off period, you may do so at the end of any contracted period, providing you give us a minimum of 28 days prior notice [i.e. during month 23 of an 24 month contract].
2) If you wish to end your contract with us in between the contractual agreement, without giving us the required notice, you will be liable to pay a termination fee. The termination fee will be £15.58(Monthly Line Rental Charge) including VAT, for every part and full month remaining to the end of the contract period, or subsequent renewable period. If you fail to pay the termination fees we shall then be liable disconnect use of our services and pass you onto debt collection (this will be 18% of the debt applicable outstanding plus £50 per visit should this be necessary).
This agreement will automatically run for the duration originally specified on the application form you have signed or agreed to online or over the phone. We will notify you when your initial contract period ends and offer you a renewal for a further 18 or 24 month period. If you terminate within the initial contracted period, or any subsequent renewable period, you will be liable to pay a termination fee as specified in above section 2(d.2). You also acknowledge that in order to avoid delays occurring in the ordering process, Imperial Telecom will be notified by BT, or, Where applicable of any products or services presently in use on your line that are incompatible with the telephone and broadband service. BT, or, Where applicable is under a strict duty not to disclose information about a customer's telephone services to a third party unless the customer has consented to such disclosure. In signing this agreement you give consent to BT, or, Where applicable to disclose such information to Imperial Telecom. You also give Imperial Telecom authority to act on your behalf to arrange and maintain connection onto Imperial Telecom services.
1) We will provide you with the Broadband Service with the reasonable care and skill of a competent internet service provider and in accordance with the terms of this Contract.
2) To place a Contract to receive and use the Broadband Service you will need:
3) an existing BT or any other non-cable network telephone line;
4) a personal computer of minimum specification; and
5) compatible cables and extension leads between your PC, modem and telephone socket. Other than the Equipment/and or Hardware that we may supply to you and which you may use in accordance with clause 7 of these terms and conditions, the Broadband Service does not include the provision of any line rental, telephones or other equipment and/or hardware and we do not provide a maintenance service. You will need to continue paying us or your existing telephone service provider for the rental of your line and all call charges and other relevant telecommunications services supplied to you.
6) Before we can confirm that we will provide you with the Broadband Service:
7) your telephone line will need to be tested and checked to ensure that the Broadband Service is available in your area;
8) your telephone line will also need to be checked to see whether the Broadband Service can be activated. If any work needs to be done to your telephone line at your Premises to enable you to receive the Broadband Service, you must arrange for us, BT or, where applicable, the other non-cable network to do this work for you. This work must be done before we can accept your Contract and you will be responsible for any and all costs, charges or expenses payable to us, BT or, where applicable, the other non-cable network in respect of this work; and
9) you must cancel any other broadband access service supplied by another company through BT or, where applicable, other non-cable network telephone landline that you wish to use to receive our Broadband Services. If you are migrating to our Broadband Service from a third party provider of an alternative broadband service, you will need to obtain a Migration Authorisation Code ("MAC") from that service provider. This MAC will be valid for 30 days from the date of issue and can only be used once. It is your responsibility to obtain this code and to ensure that you provide it to us in sufficient time to process your migration. We will not be responsible for any delay, costs, expenses, loss or damage arising or incurred by you through failure to connect you to the Broadband Service. Your migration to the Broadband Service is subject to any migration charge applicable at the time you place your Contract. Details of this charge are set out on the Imperial Telecom Website.
10) Despite the line tests carried out on your BT or, where applicable, other non-cable network telephone landline referred to at clause
11) above, in certain limited circumstances that are beyond our control this line test may prove false. As a result we will not be able to provide the Broadband Service to you. We will notify you as soon as possible if this occurs and the Contract between us will end. In such circumstances, we will provide you with a full refund for any charges you have already paid us.
12) In certain limited circumstances, we may not be able to provide you with the Broadband Service for technical reasons. If this happens we will do our best to let you know promptly.
13) We will operate a Technical Support Helpline to provide information and advice to you on any technical issues relating to your use of the Broadband Service.
14) Upon activation of your Broadband Service you may experience a temporary loss of your BT or, where applicable, other non-cable network line for which we shall have no liability to you.
If you wish to end your contract with us, you may do so at the end of any contracted period, providing you give us advance notice i.e. during month 23 of a 24 month contract. If you wish to end your contract with us without giving us the required notice, you will be liable to pay a termination fee as specified in clause 2 (d 2).
Imperial Telecom charges you for using the services covered by this agreement. You are charged at the rates specified on the confirmation of your order and/or published in our price lists and updates. Prices can be found at www.imperialtelecom.co.uk or available upon request for customers without internet access. Please note:
a. charges are calculated from data recorded by us and not from your own records.
b. where a direct debit is unpaid due to insufficient funds or failure to pay bills via direct debit or paid by Cheques, a penalty charge of £8 will be included on that bill payment .
c.1. Payments will be by Direct Debit only. If a direct debit is dishonoured or cancelled we shall terminate your service until payment is made and be entitled to pass on to you our administration fee of £8 late payment fee, a penalty charge of £8 failure to pay by direct debit or payment made by Cheques, plus any third party charges, such as debt collection agency fee's (this will be 18% of the debt applicable outstanding plus £50 per visit should this be necessary).
c.2. If we suspend the Service and agree to reconnect you when the debt is fully paid, you will have to pay a reconnection charge of £15.00 per line. We shall also be entitled to charge you a monthly administration fee of £8 for each month in which your direct debit is dishonoured or not reinstated following cancellation. Details of applicable fees are set out on Our Website. We may charge interest on all overdue amounts from time to time on a daily basis at a rate of 2% above the base rate of the Royal Bank of Scotland plc, to run from the due date of payment until receipt by us of the full amount (including any accrued interest) whether before or after judgement in respect of the overdue amount.
c.3. Any invoices which are disputed must be done so within 1 month of the date of issue otherwise the invoices will be deemed to be correct. If you wish to dispute an invoice you must write to us and provide us with (i) nature and reason for dispute, (ii) amount in dispute, (iii) any evidence to support the disputed amount.
d. We may change our prices (upwards as well as downwards) but will endeavour to inform you at least 14 days in advance of any change we are making. From date of notification by us you have 14 days in which to cancel without breach of contract. However continued use of the services after the effective date of the changes without any notification shall constitute acceptance.
e. Where your account is in arrears, a call restriction is in place or the payment on the account is not Direct Debit, we reserve the right to not calculate any price comparison and as such apply no discounts under the Price Tracker (if applicable)
f. Unless we advise otherwise all service charges include VAT, Calls are excluding VAT at the prevailing rate, which you must pay.
g. A One off "Connection Charge" of £39.99 applies to all new customer signing to Imperial Telecom services. Paper bill are charged at £1.99. You can choose to opt for email billing, which is free of any charges. Any additional call feature for e.g. Caller Display, Call Minder and other support features are priced on our price list (full price list is available at www.imperialtelecom.co.uk) these will also be sent out to customers in their welcome pack which are sent out by post. We may change our prices as and when necessary as set out in clause 4. (d)
h. Imperial Telecom reserves the right to apply charges for late payment or payment not made by Direct Debit and any associated charges incurred. These charges include debt collection fees. Imperial Telecom reserves the right to bar outgoing calls or services, until any outstanding amounts are paid.
i. cancellation of the direct debit does not constitute notice of cancellation of the agreement and outstanding balances are liable for payment under the terms of this agreement
j. Upon transfer to the Imperial Telecom service a call bar preventing calls being made to Premium Rate numbers may be applied. This may be applied for an initial 90 days to protect both the customer and Imperial Telecom from potential unauthorised use. After 90 days the bar can be removed if requested but Imperial Telecom reserve the right to request a security deposit if the customer does not meet Imperial Telecom credit criteria.
We agree to provide you with the service as specified on the confirmation of your order subject to the provisions of this agreement. You agree:
a. to use the services in accordance with this agreement, any reasonable instructions given by us from time to time and any laws, regulations and licenses which apply to the use by you of the services;
b. not to allow an alternative supplier to override or bypass our service either through installation of equipment or the BT local exchange;
c. to be responsible for any engineering reprogramming costs or equipment removal costs that may be required to terminate the service of any previous supplier;
d. not to use the service either landline or Broadband to transmit any material which may be abusive, offensive, obscene, indecent, menacing, defamatory or which might cause annoyance, inconvenience or needless anxiety to anyone or to commit a fraud or other criminal offence; and
e. not to re-supply or re-sell or otherwise make services available to any person on an arms length commercial basis and not to use the service in any way or for any purposes prohibited by law.
f. to ensure that any broadband equipment used to access Imperial Telecom's broadband is compatible to the service.
g. to use the Imperial Telecom service in compliance with the Imperial Telecom Fair Usage Policy which Imperial Telecom may notify to you from time to time and maintain site traffic volumes. Clause 6 may be exercised if you fail to comply with these requirements and/or utilise the service in a way that severely affects Imperial Telecom's servers, equipment, network and the ability to provide its services to other customers.
h. to maintain full responsibility for all use of your home phone and broadband account. If you suspect that there is, or has been, unauthorised use of your broadband password or account, you should notify Imperial Telecom immediately and you should change your password.
i. Imperial Telecom does not control the messages, information or files that you transmit or receive through the broadband service. If you have engaged in activities or if Imperial Telecom believes you have engaged in activities which are illegal or prohibited including but not limited to the activities set out below Imperial Telecom may exercise any of the rights set out in clause 6.
j. You must not transmit or receive material which is in breach of copyright or any other intellectual property rights. If you wish to transmit, receive or post material protected by any such rights it is your responsibility to obtain the owner's written permission.
k. You agree, when using the services to observe the provisions of the Data Protection Act 1984 as amended and all other relevant legislation.
l. You shall not knowingly or recklessly transmit or receive material which contains viruses or other code or defects which may cause damage to any computer system or data, or engage in any other activity which is in breach of the Computer Misuse Act 1990 as amended.
m. You may not use the broadband service to engage in any activity which is in breach of any applicable national or international laws.
n. If any advertisement or offer for sale of goods or services is displayed on your website or homepage on an Imperial Telecom server such advertisement or offer for sale of goods or services must comply with the code of practice of the UK Advertising Standards Authority.
o. You may not participate in the sending of unsolicited e-mails.
p. Imperial Telecom reserves the right (but does not assume any obligation) to inspect the content of data to ensure compliance with this agreement or any applicable laws, regulations or codes of practice. Imperial Telecom reserves the right to disclose the content of data that you transmit or receive or to remove offending material if required to do so by the police or other law enforcement authorities.
q. You may request a copy of the contractual sales call recording to be sent out by post or at your registered e-mail address for a charge of £5/ sales call recording.
We may suspend your service (without being liable to compensate you):
a. in the event of a local or national emergency;
b. to comply with a request from a government or other authority;
c. to protect or provide service to rescue or other essential services or otherwise;
d. to maintain the quality of our services;
e. if we reasonably believe that you will fail to pay any amount due to us (whether or not we have issued you an invoice);
f. if an event occurs which is beyond our reasonable control;
g. if you break any part of this agreement. Without prejudice to the generality of this agreement, Imperial Telecom shall have a right to recover from you the cost to Imperial Telecom of any staff time spent dealing with technical and other problems which may arise as a result of any misuse of your account which may include but is not limited to unlawful or prohibited activities. If during the contract period you change premises and you wish to continue to use the broadband service, you will need to apply for a further minimum contract term at your new address and at our then published rates. Any new application for services at the new Premises will form a separate contract to which these conditions will apply. Under the terms of this agreement for whatever reason, you will:
h. immediately pay any outstanding invoices. In addition, if this agreement is terminated before your contract end or subsequent renewable period without proper notice as detailed in section 3 you will:
i. reimburse Imperial Telecom for any costs incurred in transferring to Imperial Telecom service; and pay a termination fee for ending the agreement early by way of compensation to us. The termination fee will be £15.58(Monthly Line Rental Charge) including VAT, for every part and full month remaining to the end of the contract period, or subsequent renewable period.
j. you may terminate this contract in respect to the broadband service only (as part of a telephone and broadband package) before the expiry of the minimum contract term and downgrade to a telephone service only contract, on condition that you pay to us an early termination fee of £15.58 including VAT, for every part and full month remaining to the end of the initial contract period, 24 months as applicable. The early termination fee and any other outstanding charges will become immediately due and payable by you upon receipt by us of your notice of termination.
We will deliver any equipment you order for broadband connection to the premises you specify and you will be liable to pay for this (where applicable) at our then current rates in addition to our reasonable costs of delivery postage and packaging. If you fail to accept delivery of the equipment, then without prejudice to other rights or remedies Imperial Telecom may have, Imperial Telecom may store the equipment at your cost and risk until actual delivery. Imperial Telecom will have no liability to you for any equipment lost or damaged in transit unless you have notified Imperial Telecom of such loss and/or damage within 3 days from the date of delivery. It is a condition of use of the equipment that you accept and abide by the equipment manufacturers terms and conditions before you use the equipment. On condition that you have, where required, paid for the equipment, title and ownership of it will pass to you on the commencement date. You will be responsible for the safe upkeep of the equipment while in your possession and you will use the equipment to access the Service in accordance with the manufacturer's security, safety and operating instructions. If you cancel the contract before the commencement date and fail to return any equipment, complete, un-damaged and in it's original packaging, within 7 days Imperial Telecom will, charge you for the equipment at our then published rates or if you have paid for the equipment, no refund will be due from us to you in respect of the price of the equipment. You are responsible for the risk and cost of returning the equipment to us. Imperial Telecom does not give any warranties in relation to the equipment. Imperial Telecom will, so far as is possible, assign to you the benefit of the warranties provided by the equipment manufacturer. Faults in the equipment covered by the manufacturer's warranty must be reported to our technical helpdesk (contact details for which are available upon request) within 14 days of the fault first occurring. Where necessary, you may be required to return the equipment to us in the original packaging for inspection, repair and/or replacement in accordance with terms of the manufacturer's warranty.
You are responsible for the risk and cost of returning the equipment to us. Once we are in receipt of the equipment, and have determined the nature and potential cause of the problem, replacement equipment will be dispatched to you where appropriate. We only offer technical support with regard to the equipment supplied by ourselves. If you experience a problem with your equipment, which is still covered by the manufacturer's warranty, you should call our technical support department. If the fault cannot be resolved over the telephone you should return the equipment to us, or our appointed agent, for testing within 14 days of reporting the fault. If Imperial Telecom are satisfied that the equipment is faulty and that the fault/faults, is/are not as a result of your failure to take proper care of and/or your improper use of the equipment, then you will be sent replacement equipment free of charge.
Neither of us will have to compensate the other for any detrimental event beyond the other's reasonable control. In this agreement, 'beyond reasonable control' includes any act of God, reduction or failure of power supply, other telecommunication operators and suppliers or their equipment including access lines, act or omission of national or local government authority, war, military operation, riot or delay, employee dispute. We are not liable for any equipment that we do not supply or arrange to supply. In any event, we will not have to compensate you for any loss of anticipated savings or other indirect, consequential or special losses nor for any charges incurred by you with another call carrier. We are only liable for consequential losses that are foreseeable if we are in breach of contract. Should you have an internet package that you do not declare to us at the point of signature, we do not accept any liability for any increase in call charges that you may incur. You accept liability for any claims, costs, damages, losses, expenses and liabilities (including, without limitation, legal costs and expenses) resulting from illegal actions by you or any other person using the services with your permission. We do not limit our liability for death or personal injury resulting from our negligence.
a. The liability of Imperial Telecom (if any) in contract, tort, negligence or otherwise arising out of or in connection with this agreement, in respect of all defaults related or unrelated, occurring in any one year will not exceed in aggregate the charges received by Imperial Telecom from you during that year.
b. In no event will Imperial Telecom be liable for any indirect loss or damage of any kind however caused and whether arising under contract, tort or otherwise.
c. You agree to indemnify Imperial Telecom against any claims brought by a third party resulting from your use of our broadband service and in respect of any losses or liabilities incurred directly by Imperial Telecom as a result of your breach or non-observance of any of these terms and conditions. Any breach or non-observance your normal rights in law apply.
d. The provisions of this clause shall survive any termination of this agreement.
We will Endeavour to correct any defect or fault in the services provided to you as rapidly as possible by contacting customer services on 0208 144 1786. Where the fault is not a network issue, and is found on internal wiring, customer equipment, or line jacks damaged beyond reasonable wear and tear an engineering charge will be levied. During loss of service diverts to alternative numbers are available, but are chargeable.
If any provision or condition of this agreement shall be invalid or unenforceable, the remaining terms shall continue to apply. This agreement and the documents referred to in it represent the entire contract between us, to the exclusion of any terms subject to which you may accept, or purport to accept, the service. Any variations (other than charges made in accordance with this agreement) we recommend shall be accepted by both of us in writing. Any failure by either of us to enforce any right shall not be deemed a waiver of any such right. Information you provide or we hold (whether or not under this Agreement) may be used by us, our employees and/or agents to:
a. identify you when you make telephone enquiries;
b. help administer any accounts, services and products offered by Imperial Telecom now or in the future; and
c. help us to detect fraud or loss.
This agreement is governed by English law.