CONTENTS

1. Definitions  2. Providing the Service 3.Phone Book and Directory Entries 4. Managing the Service 5. Monitoring Calls 6. Access to and Preparing the Premises
7. 
Customer Equipment 8. Misusing the Service 9. Charges and Deposits 10. Cancelling or Ending this Contract 11. If the Customer Breaks this Contract
12. 
Limits of Liability 13. Matters beyond Ayrtel’s Reasonable Control 14. Resolving Disputes 15. Changes to this Contract 16. Transferring this Contract
17. 
Third Party Rights 18. Notices 19. The Service Charter 20. Suspension & Termination 21. Prices 22. General Condition 22

1. DEFINITIONS

In this Contract the following terms have the definitions shown next to them: " Ayrtel Ltd, 171 Cambridge Street, Aylesbury, HP20 1BQ." 

"BT" British Telecommunications plc of 81 Newgate Street, London EC1A 7AJ, registered in England Number1800000
"BT Equipment" equipment (including any software) placed by BT at the Premises to provide the Service.
"Call" a signal, message or communication that is silent, spoken or visual.
"Call Diversion" diverting incoming Calls to another fixed line or mobile telephone number as set out in the Service Charter.
"Conditions" these terms and conditions for Ayrtel’s business service.
"Contract" these Conditions, Business Plan and Plus and the Price List. This Contract begins on the date that [Reseller] accepts the Customer's request for the Service.
"Customer" the person with whom Ayrtel’s contracts to provide the Service.
"Customer Equipment" equipment that is not part of BT's network and which the Customer uses or plans to use with the Service.
"Minimum Period" the first 36 months of the Service after the 14 days cooling off period from point of sale with Ayrtel Ltd.
"Premises" the place at which Ayrtel agrees to provide the Service.
"Price List" the document containing a list of Ayrtel’s charges and terms that apply to the Service.
"Renewal Period" a rolling 12 month period after the end of each minimum period. This is governed by all the original terms and conditions.
"Service" the facility to make or receive a Call (or both) and any related services listed in the Price List that Ayrtel agrees to provide to the Customer under this Contract.
"Service Failure" the continuous total loss of the facility to make or receive a Call, or of any related service provided to the Customer under this Contract.

2. PROVIDING THE SERVICE

2.1 Ayrtel will provide the Service by the date agreed with the Customer. Sometimes, Ayrtel will agree the date following a survey of the Premises by Openreach Engineers.

2.2 Occasionally, for operational reasons, Ayrtel may have to change the codes or the numbers given to the Customer, or interrupt the Service. Ayrtel will restore the interrupted Service as quickly as possible.

2.3 The Customer accepts that occasionally Ayrtel will provide instructions regarding the Service. The Customer must follow these instructions.

2.4 Ayrtel may take/give instructions from/to a person who it thinks, with good reason, is acting with the Customer's permission.

2.5 In some cases Ayrtel will require written proof when vacating the premises in which the customer’s service is provided. Continued use of the service after the vacation of the property by any party will be deemed as acceptance.

3. PHONE BOOK AND DIRECTORY ENTRIES

3.1 The Service includes a telephone number. This number will be put in the appropriate BT Phone Books, together with the Customer's details, and made available from Directory Enquiries Services unless the Customer requests otherwise.

3.2 Ayrtel may agree to a special entry in the BT Phone Books at an additional charge.

3.3 The Customer does not own any number nor has any right to sell or to agree to transfer any number provided to it by Ayrtel

 

4. MANAGING THE SERVICE

4.1 If the Customer reports a fault in the Service, Ayrtel will respond in line with the level of repair service the Customer has chosen.

4.2 If Openreach and/or Ayrtel agrees to work outside the hours covered by the repair service the Customer has chosen, the Customer must pay Ayrtel additional charges for doing so.

4.3 Ayrtel provides a Service Charter. If Ayrtel is late in providing the Service, or repairing a Service Failure, the Customer may be entitled to a Call Diversion or to claim compensation under the Service Charter.

4.4 If the Customer reports a fault and Ayrtel and/or Openreach finds that there is none, or that the Customer has caused the fault, Ayrtel may charge the Customer for any work as set out in the Price List.

4.5 Ayrtel cannot be liable for fees incurred from third party engineers and are not responsible for system maintenance.

5. MONITORING CALLS

BT monitors and records all calls to the 999 or 112 service.

6. ACCESS TO AND PREPARING THE PREMISES

6.1 The Customer agrees to prepare the Premises according to any instructions Ayrtel and/or Openreach may give, and provide Ayrtel and/or BT with reasonable access to the Premises.

6.2 When Ayrtel and/or Openreach's work is completed, the Customer will also be responsible for putting items back and for any re-decorating which may be needed.

6.3 If Openreach needs to cross other people's land, or put Openreach Equipment on their property (for example a neighbour or landlord), the Customer agrees to obtain their permission.

6.4 Openreach will meet the Customer's reasonable safety and security requirements when on the Premises and the Customer agrees to do the same for Openreach.

6.5 The Customer agrees to provide, at its expense, a suitable place and conditions for BT Equipment and where required a continuous mains electricity supply and connection points.

6.6 The Customer agrees to look after any BT Equipment and to pay for any repair or replacement needed if it is damaged, unless it is due to fair wear and tear, or is caused by BT or anyone acting on BT's behalf. Ayrtel or anyone acting on Ayrtel’s behalf, will look after the Customer's physical property as set out in paragraph 12.2.

7. CUSTOMER EQUIPMENT

7.1 If the Customer wishes to connect Customer Equipment to BT's network other than by using a BT main telephone socket, the Customer must get Ayrtel’s permission.

7.2 Any Customer Equipment must be:
(a) technically compatible with the Service and not harm BT's network or another customer's equipment; and
(b) connected and used in line with any relevant instructions, standards or laws.

8. MISUSING THE SERVICE

8.1 Nobody must use the Service:
(a) to make offensive, indecent, menacing, nuisance or hoax Calls; or
(b) fraudulently or in connection with a criminal offence.
The Customer agrees to take all reasonable steps to make sure that this does not happen. The action Ayrtel can take if this happens is explained in paragraph 11. If a claim is made against BT and/or Ayrtel because the Service is misused in this way, the Customer must reimburse Ayrtel in respect of any sums Ayrtel is obliged to pay.

8.2 The Customer accepts that nobody must advertise the phone number for the Service in or on a BT phone box without BT's consent. If this happens, Ayrtel may suspend the Service or end this Contract, but Ayrtel and/or BT will write to the Customer before taking this action

 

9. CHARGES AND DEPOSITS

9.1 The Customer agrees to pay all charges for the Service as shown in the Price List (or as otherwise agreed) and calculated using the details recorded by Ayrtel.

9.2 Unless paragraph 9.4 applies, rental charges will normally be invoiced monthly in advance, and call charges will normally be invoiced monthly in arrears. Where possible the charges will appear on the Customer's next invoice but sometimes there may be a delay.

9.3 Ayrtel will send its first invoice shortly after providing the Service, and then at regular intervals, usually every month. Sometimes Ayrtel may send the Customer an invoice at a different time.

9.4 If the Customer orders a temporary Service, Ayrtel may invoice the Customer for the rental charge in advance for the whole period of the temporary Service.

9.5 Ayrtel will send invoices for the Service to the address requested by the Customer.

9.6 The Customer agrees to pay all charges for the Service whether the Service is used by the Customer or someone else and upon receipt of Ayrtel’s invoice.

9.7 In some cases the Customer may need to pay a deposit or provide a guarantee as security for paying future charges.

9.8 You must pay all charges and rental by Direct Debit as soon as these become due, which will normally be 10 days from date of invoice. If you cancel your Direct Debit for any reason we reserve the right to charge £24.99. If we have not received payment of your bill by the due date, we may disconnect your telephone service. If this is necessary the following conditions may apply:
(a) Normal monthly rental will continue to be charged during any period of disconnection.
(b) You will be charged a fee for reconnection to our services, which is £19.99 per affected line, subject to VAT.
(c) If Outgoing Call Barring is placed on your line because we have not received payment by the due date, an administration payment will be required in advance before Outgoing Call Barring is removed.

9.9 If the customers direct debit does not clear, Ayrtel will charge £10 for each failed direct debit collection.

9.9.1 4p call connection charge applies to all calls except international calls where a connection charge of 9p applies. All prices quoted are ex VAT.

9.9.2 If you settle your monthly invoice by way of a cheque/bacs a £3 admin fee will be applied to your account per month.

9.9.3 If payment for by way of a cheque/bacs has not been received 20 days after the bill issue date we reserve the right to charge £7.50 for late payment charge.

9.9.4 Ayrtel reserves the right to charge a monthly bill production charge if customers choose to receive a paper bill, there will be no charge to receive a bill by email.

9.9.5 Services such as Call Minder 1571, Call Waiting and Ring back, and all other various additional features, called .select services are offered by Ayrtel, at a discounted rate compared to BT. They range from £1.99 per feature, per month and are billed monthly in advance.

9.9.6 Ayrtel’s Fraud aware service is applied to all customers. An outgoing call barring will be placed on a line where a fraud aware alert has arisen. If the customer does not wish to continue with this service then they will need to contact our customer services to opt out. Fraud Aware is charged at £1.99 per month.

10. CANCELLING OR ENDING THIS CONTRACT

10.1 If you decide to cancel your order or agreement before we have provided the services, you may do so from the point of sale to the completion of the transfer period without charge. If you wish to terminate your contract after the completion of the transfer but within the minimum term of 36 months for business customers and 18 months for residential we will charge you an administration fee as set out in your contract, please call our Customer services on 01296 336 466. After the minimum term you can cancel any service by calling our Customer Services on 01296 336 466, giving us one months' notice.

10.1A A cancellation reference number is given to every customer who requests to cancel within the transfer period. The customer must obtain a reference number from customer services for this request to be considered valid.

10.2

10.2a (a) If your contract commenced on or before the 29th December 2011, your contract will continue for your agreed minimum period, and will automatically renew for periods of twelve months on the expiry date of the minimum period (each such period shall be known as a “renewal period”) unless terminated under clause 20.1.

10.2b Any pre existing contracts under Clause 10.2 a will then be subject to Clause 10.2 c on or after 31st December 2012.

10.2c If your contract commenced on or after 30th December 2011, your contract will continue for your agreed minimum period, unless terminated under clause 20.2. After the agreed minimum period has expired, the customer must contact Ayrtel Communications to arrange an extended period or the termination of their service.

Please refer to Ofcom’s Automatically Renewable Contracts statement at this address for further information: http://stakeholders.ofcom.org.uk/consultations/arcs/statement

10.3 If the customer breaches the contract after the 14 day cooling off period and during the minimum period or renewal period, the customer must pay Ayrtel a termination fee of one hundred and ninety five pounds plus value added tax at the standard rate per service (Line & Broadband) for business customers. Residential customers must pay an early termination charge equal to the remaining line rental plus 20% of average call spend up to the end of the minimum term. The customer will also forfeit any service charges and line rentals paid in advance.

10.31 If the customer cancels this contract with their current supplier, and no contact is made within the cooling off period Ayrtel will apply a breach of contract fee (see 10.3).

10.32 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.

11. IF THE CUSTOMER BREAKS THIS CONTRACT

11.1 Ayrtel can suspend the Service or end this Contract (or both) at any time without notice, and/or if one of the following applies:
(a) the Customer breaches this Contract or any other agreement the Customer has with Ayrtel.
(b) Ayrtel reasonably believes that the Service is being used in a way forbidden by paragraph 8.1. This applies even if the Customer does not know that the Service is being used in such a way;
(c) bankruptcy or insolvency proceedings are brought against the Customer; or if the Customer does not make any payment under a judgment of a Court on time, or makes an arrangement with its creditors; or a receiver, an administrative receiver or an administrator is appointed over any of its assets; or the Customer goes into liquidation; or a corresponding event under Scottish law.

11.2 If the Customer does not pay a bill, Ayrtel can suspend the Service or end this Contract until payment is made. If payment is not received within the time period Ayrtel will expect payment over the phone to prevent the customer’s phone line being suspended. If Ayrtel has to collect payment over the phone, they reserve the right to charge an administration fee.

11.3 If the Service is suspended, Ayrtel will tell the Customer what needs to be done before it can be re-instated. However the Customer must continue to pay rental charges whilst this Contract continues.

11.4 If either party delays in acting upon a breach of this Contract that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Contract that waiver is limited to that particular breach.

12. LIMITS OF LIABILITY

12.1 Ayrtel accepts unlimited liability for death or personal injury resulting from its negligence.

12.2 Ayrtel accepts liability for loss or damage to the Customer's physical property arising from its negligence, up to £1 thousand in any 12 month period.

12.3 Ayrtel cannot guarantee that the Service will never be faulty. However, Ayrtel accepts liability if it is late in providing the Service or repairing a Service Failure as set out in the Service Charter.

12.4 Unless Ayrtel is negligent, Ayrtel’s only liability under this Contract is as set out in the Service Charter.

12.5 Unless the Service Charter or paragraph 12.3 says otherwise, Ayrtel is not liable to the Customer for any loss of business, revenue, profit or expected savings, wasted expense, financial loss or data being lost or corrupted or for any loss that could not have been reasonably foreseen.

12.6 Unless paragraphs 12.1 and 12.2 apply, Ayrtel liability to the Customer in contract, tort (including negligence) or otherwise in relation to this Contract is limited to £1 thousand in any 12 month period.

12.7 Each provision of this Contract that excludes or limits Ayrtel’s liability operates separately. If any part is disallowed or is not effective, the other parts will still apply.

13. MATTERS BEYOND AYRTEL'S REASONABLE CONTROL

13.1 Sometimes Ayrtel may be unable to do what it has agreed because of something beyond its reasonable control.

13.2 If this happens, Ayrtel is not liable to the Customer. However, Ayrtel will try to provide Call Diversion to the Customer. If Ayrtel cannot do this then the Customer is entitled to a rental refund for any whole or part day, that there is a Service Failure.

13.3 The customer must ensure they have reviewed their contractual obligations from their current supplier. We can in no way be held accountable for any early termination fees that may be issued from the old supplier as a result of a transfer to Ayrtel.

14. RESOLVING DISPUTES

Ayrtel will try to resolve any disputes with the Customer. However, if the parties cannot agree, the Customer may refer the dispute to any recognised dispute resolution service.

15. CHANGES TO THIS CONTRACT

15.1 Ayrtel can change the Conditions (including the charges) at any time.

15.2 Ayrtel will forward the changed Conditions to the Customer upon request by the Customer.

15.3 Ayrtel guarantees the call rates will not rise during the minimum period or renewal period.

16. TRANSFERRING THIS CONTRACT

You may not transfer or assign this Agreement or any rights under it without our prior written consent. We may assign or transfer our rights and obligations under this Agreement to a party who agrees to continue complying with our obligations under the Agreement.

17. THIRD PARTY RIGHTS

The parties agree that the terms of this Contract are not enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999.

18. NOTICES

If the parties need to write to each other they must do so as follows:
(a) to Ayrtel at the address shown on the bill or any address which Ayrtel provides to the Customer;
(b) to the Customer at the address to which the Customer asks Ayrtel to send invoices, the address of the Premises or, if the Customer is a limited company, its registered office.

19. THE SERVICE CHARTER

19.1 Ayrtel’s character

19.1.1 Ayrtel endeavors:
(a) to provide the Service by the date agreed with the Customer as described in paragraph 2.1;
(b) to repair a Service Failure in line with the repair service the Customer has chosen. For standard service this means by midnight on the first weekday (not including public and bank holidays) after the day the fault is reported to Ayrtel;
(c) not to disconnect the Service by mistake; and
(d) to keep any appointment Ayrtel makes with the Customer under this Contract.

19.1.2 If Ayrtel is late in providing the Service or repairing a Service Failure, the Customer may choose either: (a) Call Diversion - as described in paragraph 19.2. This is only available if it is reasonably practicable, and technical restrictions may sometimes prevent Ayrtel from offering this option; or
(b) compensation - the Customer may not claim any compensation.

19.1.3 If Ayrtel disconnects the Service by mistake, the Customer may claim a fixed rate compensation of £10 per day, from the date of disconnection.

19.1.4 If Ayrtel does not keep an appointment, the Customer may claim a specified sum, as shown in the Price List.

19.2 CALL DIVERSION

19.2.1 If Ayrtel provides Call Diversion, Ayrtel will divert the Customer's incoming Calls, on request, to another fixed line or mobile telephone number of the Customer's choice. Once Ayrtel has provided the Service or repaired a Service Failure, Ayrtel will cancel the Customer's Call Diversion.

19.2.2 The number chosen must be a UK number, but there are some number ranges to which will not divert the Customer's Calls (for example, 0800 and 0870 numbers).

19.2.3 If Ayrtel diverts the Customer's Calls to a mobile number, the person calling the Customer will not have to pay extra costs for making that Call. The Customer is liable for the additional cost of these diverted calls.

19.4 PAYMENT OF CLAIMS

Ayrtel will deduct any compensation amounts that Ayrtel owes to the Customer under this Charter from the Customer's next phone bill, unless the Customer asks for payment by cheque.

19.5 APPLICATION OF THIS CHARTER

19.5.1 This Charter applies to the Service, including generally any related services Ayrtel provides to the Customer. However, its application to some of the related services may vary as shown in the Price List.

19.5.2 This Charter does not apply if:
(a) someone, other than Ayrtel, has caused the fault,
(b) Ayrtel and/or Openreach asks for access to the Premises and the Customer does not allow this, or
(c) Ayrtel and/or Openreach reasonably asks for other help and the Customer does not provide it.

20. SUSPENSION & TERMINATION

20.1 This contract may be terminated in writing by either you or us for convenience by giving notice within 30 days of the end of minimum period or any renewal period, this request must be sent by Royal Mail recorded delivery

20.2If the customer wishes to completely terminate their contract with Ayrtel Business customers must pay the early termination fee of one hundred and ninety five pounds plus value added tax rate per line, which represents a fair and reasonable estimate of the losses, costs, and expenses, which Ayrtel would suffer in the event of the agreement being terminated prior to the end of the minimum duration period. Residential customers must pay an early termination charge equal to the remaining line rental plus 20% of average call spend up to the end of the minimum term. The customer will also forfeit any service charges and line rentals paid in advance.

21. PRICES

21.1 All prices and discounts on calls and line rental are correct at time of print.

Ayrtel’s Terms and Conditions for Business Service These terms and conditions apply to new and existing customers and are effective from the implementation date 1st June 2010.

22. Ofcom General Conditions

(A) Ayrtel is also compliant with Ofcoms general condition 22, a link to this condition is below:
http://stakeholders.ofcom.org.uk/binaries/telecoms/ga/CONSOLIDATED_VERSION_OF_GENERAL_CONDITIONS_AS_AT_28_MAY_2015.pdf

(B) Ayrtel is also compliant in accordance with the new conditions regarding Automatically Renewable Contracts and the changes to general condition 9, a link to this condition is below http://stakeholders.ofcom.org.uk/consultations/arcs/statement