Global Service Agreement (GSA)
Effective as of 20th June 2016
1. Obtaining the services
- We will try to meet any date agreed with you for installation or activation of the services, but we may have to change the installation date given to you or activation may be delayed. We will try to notify you of any changes as soon as possible.
- You agree that you or a person authorised by you (who is 18 or over) will be present when we install the equipment at your home.
- Where we need to install equipment at your home, we will make every effort to fit the equipment where you prefer. However, this may not be possible because of technical or other reasons. If this is the case, we will connect the equipment as we see fit. Please do not move any equipment. Should you wish to alter the routing of any existing equipment such as cables or wall sockets, you should contact us.
- Where we do not need to install equipment at your home, we will either send you all the equipment you need to connect to the services, or advise you of any additional equipment you need. If applicable, it is your responsibility to purchase the additional equipment as notified to you. We will not be liable to you for any loss or damage caused by your installation of the equipment or additional equipment.
- Where we have recommended additional equipment for use with the services and you have chosen not to take our recommendation, we cannot guarantee compatibility of the equipment you choose, nor can we provide installation or ongoing support in respect of that equipment. Where additional equipment is purchased from our recommended partners, we are not responsible for them or for any additional equipment you purchase from them. If any additional equipment you have purchased from our recommended partners is faulty upon arrival, please contact the recommended partner for a replacement. We may need to provide our recommended partners with your name and order details in order for them to fulfil your order.
- To provide the services, the equipment (e.g. a Fibre, Cable or XDSL Router) must be connected to equipment belonging to you (e.g. a Smart-device or computer). We are not responsible for your equipment working properly. You agree to provide and pay for suitable facilities and all necessary electrical and other installations and fittings (including power outlets or sockets) for the equipment. You must follow our instructions for this.
- Where we need to set up any services on your equipment you authorise us to have access to your equipment to perform such set-up (which may include the installation of software) and to check that those services are working properly. You confirm that you will have prepared your equipment, and will follow our instructions to prepare your equipment, so that we can perform the set-up properly. It is your responsibility to keep back-up copies of any important data stored on your equipment prior to the set-up of any services by us on your equipment.
- You are responsible for applying for any consents and permissions necessary for us to connect and maintain the equipment at your home (for example, any permission necessary to lay cable from the street to your address). We are not obliged to install or provide the services unless all consents and permissions have been obtained.
- Our obligation to provide the services is also subject to survey. If a survey shows that the services cannot be installed or connected at your home, or if a non-standard installation is required, we may cancel any installation date we have given you and terminate this agreement. You will be notified of this as soon as possible after the survey. We shall not be under any liability whatsoever to you for any failure to provide the services in these circumstances but will refund you for any payments you have already made to Terrible Talk for installation or the services, if no installation took place
We do not have to connect the equipment at your home or otherwise keep to this agreement if:
- your home is outside our service area or in a part of our service area where no fibre, Cable, or copper has been laid, or we are unable to activate the services on your line or at your home for any reason.
- you do not qualify under our current credit policy;
- you are not able to be a customer because you have previously misused our services;
- your computer or network interface card does not meet our minimum specifications for Internet access;
- your computer or its operating software does not work correctly or normally for Internet access;
- it is not practical to carry out the connection for health and safety reasons or for any other reason.
- If you keep to the terms of this agreement, we will provide you with the services.
- As well as these terms and conditions, the services have other applicable terms which applies to the services and their use, as published by us on your Regional Terrible Talk Providers website. These may be updated from time to time so please check your Regional Terrible Talk Providers website regularly and read through it carefully. Other applicable terms includes our 'fair use policy' and 'QOS policy' which you can read on the regional Your Regional Terrible Talk Provider's websites.
- To make sure you are always getting the best possible service, we may monitor and record phone conversations you have with our teams.
- From time to time, we may let you try certain services for free. We also have the right to withdraw these trial services at any time and without giving you notice
- From time to time, we may supply you with services or component part(s) of a service for promotional purposes, whether for a charge or otherwise. We may at any time stop such supply or change the promotional service or component part(s).
- You agree that you are liable for any charges on your account regardless of whether you or anybody else (with or without your permission) runs up those charges (unless the charges result from fraud by someone else which you could have had no control over). For example, if someone who has access to your home uses the services, they will be considered to be within your control and you will be liable for those charges. If you become aware of any fraud by someone else, you must tell us as quickly as you can. Under no circumstances should you give your PIN numbers and passwords to anybody else (unless you're happy for them to use your account and add charges on your account).
- With your permission, we may monitor email and internet communications, including without limitation, any content or material transmitted over the services.
- We also reserve the right to monitor and control data volume and/or types of traffic transmitted via the services.
- For Internet access you agree that your computer will meet the minimum specifications as detailed on the Your Regional Terrible Talk Provider's website. You also agree that you'll either have a router for our services to be connected to, or request a router from Terrible Talk at least five working days before your install. You also agree that you will carry out a virus check before the services are connected. If this is not the case, we will not be able to provide you any services. From time to time we may change the minimum specifications needed to use the Internet access, which will appear in our published materials or on the Your Regional Terrible Talk Provider's website.
- Due to the nature of the Internet, we cannot guarantee specific levels of performance for Internet access.
- You confirm and warrant that you are the owner of, and that you have obtained all necessary consents to use, the domain name, mailbox name or any other name selected by you in connection with Internet access.
- You acknowledge that we cannot guarantee you will be able to have and use any name you request and we may require you to select a replacement name if we believe that your current choice of name is, or is likely to be, in breach of our acceptable use policy
- Any Internet address allocated by us to you will at all times belong to us and you may not transfer the address to any person. If this agreement ends, your right to use the Internet address shall automatically terminate and thereafter you will not use the Internet address.
- It is your responsibility to keep back-up copies of any data uploaded to our servers and you are responsible for any system you establish to monitor your webspace contents and use.
- If you are keeping an existing phone number but taking the relevant phone line from us as part of the services, you authorise us to cancel that part of your agreement with your old provider which relates to renting that line. However, we cannot cancel any other agreements you may have with your old provider, for example, for renting equipment or for extra lines. Although we are usually able to arrange for you to keep your existing phone number when you transfer your line to us, we cannot guarantee this.
- If we provide you with a telephone line, and you don't ask us to transfer your existing number, we will allocate a number to your telephone line. The telephone number and any rights in it belong to us and you may not sell or agree to transfer the number to any person.
- You agree that we may give your name, address and phone number to the emergency services. Unless you tell us otherwise, we will also give these details to other authorised public communications operators and regulated directory service providers. This is so your details can be included in phone books and be obtained from publicly available directory enquiry services.
- We cannot accept any liability whatsoever for any failure by authorised public communications operators and regulated directory service providers to whom we provide information to comply with your listing request. We can tell you about other options that are available to protect and control how your information is used.
- You accept that your telephone number must not be advertised in or on a public telephone box. If this happens, we may immediately suspend the services or end this agreement. However, we will use reasonable endeavours to contact you before we take this action.
- Terrible Talk Phone (Telephone) is for private use by you and members of your household only. It must not be used for any activities not reasonably expected of someone using Terrible Talk Phone (Telephone) for domestic purposes.
- Services charges for your phone services such as tolls, and line features shall be set by your Regional Terrible Talk Provider.
- We will provide any maintenance services during normal working hours that we believe are necessary for the system and equipment to work properly and for us to provide the services to you.
- We will always aim to provide you with the best service possible, but we will not be liable for interruptions, or other problems with the services which are beyond our reasonable control. You agree that you will tell us about any fault in the services by contacting our customer services team, who will aim to respond as promptly as possible. In many circumstances it is possible to correct a fault over the phone. If this is not possible, we will send a technician to correct the fault.
If you prevent necessary maintenance from being carried out (at a time previously agreed and arranged with you), or if maintenance is no longer required and you have not advised us, or if the maintenance necessary is the result of any one or more of the following, we will be entitled to charge you a service fee (listed in the Offer for Service or the RTOU by your Regional Terrible Talk Provider,):
- Misuse or neglect of, or accidental or wilful damage to, the equipment;
- Fault in, or any other problem (including set up and specification) associated with, your own equipment or any system that we do not cover;
- Your failure to keep to this agreement.
- You are responsible for maintaining any equipment that is relevant to the services which you own (for example, television sets, phones, computers and so on).
- We are not responsible if you are not able to use the services because your equipment (for example, your computer, network interface card, printer, or other equipment) does not work properly, is not compatible with the system or does not meet the minimum specifications or because of faults in any public communications provider's network (where applicable).
- Where we supply the services to you via your connection to another public communications provider's network it is your responsibility to maintain your connection to such public communications provider's network and we shall not be responsible or liable to you for failing to provide the services if such failure arises as a result of any interruption to or disconnection from the public communications provider's network or because of failure or inadequacy in any equipment for which we are not responsible.
You are responsible for the way the services are used. You must not do any of the following acts or allow anyone else to do the following acts in relation to the services:
Use any services (including, but not limited to, phone services) for commercial or business purposes;
- Send a message or communication that is offensive, abusive, defamatory (damages someone's reputation), obscene, menacing or illegal;
- Cause annoyance, nuisance, inconvenience or needless worry to, or break the rights of, any other person;
- Perform any illegal activity;
- Break, or try to break, the security of anyone else's equipment, hardware or software;
- Deliberately receive, use, own, post, transmit or publish obscene material (including, but not limited to, child pornography);
- Upload, download, post, publish or transmit any information, material or software that is protected by copyright or other ownership rights without the permission of its owners;
Copy, distribute, attempt to disassemble, decompile, create derivative works of, reverse-engineer, modify, sub-license, or use for any other purposes any software or equipment we provide except:
- as set out in theses terms in respect of open source software; and
- that you may make a back-up copy of the software we provide for your personal use;
- Use any Internet Protocol (IP) address that we have not assigned to you. Put simply, you may not use the services to harm the service of another internet user or impersonate another user, whether on our network or external to our network. You acknowledge that we may change your Internet Protocol (IP) address from time to time without giving you notice;
- Use the services in a way that: (i) risks degradation of service levels to other customers; (ii) puts our system at risk; and/or (iii) is not in keeping with that reasonably expected of a residential customer. If we believe that you are using the services in any of these ways, we are entitled to reduce, suspend and/or terminate any or all of the services without giving you notice.
- re-selling, or making any charge for using, all or any part of our services or
- misrepresent Terrible Talk in any way
- Where we hire/lease equipment to you it will be our property at all times and we may need to alter or replace it from time to time. For us to do this, we will need reasonable access to your home.
You are responsible for making sure that our equipment is safe and used properly at all times. To do this, you agree to do the following:
- Follow the manufacturer's instructions and any other instructions we have given you;
- Keep the equipment in your home and under your control (for example, you may not sell it, lend it or hire it out to anyone else, put it up as security for a loan or mortgage, or allow it to be seized under any legal process against you).
- Insure any of our equipment against any loss, theft or damage for the full replacement value;
- Not tamper with disassemble, misuse, neglect or damage our equipment;
- Not remove, tamper with or cross out any words or labels on our equipment.
- Take proper care at all times to prevent the loss or theft of our equipment.
- You agree to tell us immediately about any loss or damage to any part of our equipment. You should do this by contacting our customer services team. You agree that you are responsible for any loss of or damage to the equipment, regardless of how it happens. We will charge you for any loss of or damage to the equipment.
- If we or you end this agreement, if you decide to disconnect from some of our services, or if you wish to take up an offer to upgrade the equipment we provide to you, you must return the equipment to us or (if we choose) make it available for collection in a reasonable condition, allowing for fair wear and tear. If you fail to return or make available the equipment for collection for any reason, we are entitled to charge you for the replacement cost and reasonable recovery costs of the equipment. If we hold any money we may use that money towards the cost of the equipment. If we have supplied you with any additional equipment, we'd encourage you to dispose of it responsibly if you're no longer using it so please contact us for further information about disposing of your additional equipment.
- Any equipment which you own and which you connect to the system (for example, phones, fax machines, computers) must meet with all relevant laws and regulations. We reserve the right to disconnect any equipment that does not meet these laws and regulations. You may use your own equipment together with our equipment, but we do not guarantee that our equipment will work with your equipment.
- We will not be liable in any way for any loss or damage arising from your use of your equipment with our equipment. We will not be liable for any loss of or damage to any additional equipment. We have the right to charge you for any replacement additional equipment.
- We reserve the right to automatically enable any additional and separate bandwidth on the equipment we provide in order to offer a separate wireless local area network (Wi-Fi Hotspot) for other customers in the local area to connect to.
- You must pay the charges for the services as set out in our Offer for Service or as otherwise notified to you, together with any applicable value added tax or other applicable taxes. We can change the charges as set out in this agreement, but if we do so, this may entitle you to end this agreement. You can read more about this in this agreement. All payments by you should be made to Terrible Talk, which will provide you with all necessary payment handling services for Terrible Talk. Terrible Talk agrees to collect and process all payments made by you to it promptly and ensure that they are applied in settlement of the charges to which they relate. Terrible Talk may charge you a separate service fee for collecting and processing such payments as provided below.
- You must ensure that your payments are received by Terrible Talk by the due date for payment shown on your bill. If you do not pay your bills on time, you will be liable for interest or other charges related to your default (i.e legal fees and associated costs). We may also charge you the full amount of any bill and you may lose any discount we have given you. We will also suspend or cancel the services and charge you the costs of debt recovery proceedings to recover any debt you owe under this agreement.
Bills, invoices, statements
- Under this agreement, if you ask for any changes to the services provided by us, these changes will be reflected by adding proportionate amounts to your first bill after the change and to your payments every month after that.
- You may choose to pay your bills by cash, cheque, credit or debit card, or by Direct Debit.
- Terrible Talk will provide you with payment handling services and unless you pay by credit or debit card you agree that Terrible Talk may charge you a separate payment handling charge of up to £10 (or the equivalent in your local currency) each month for processing your payment.
- If any cheque or Direct Debit of yours is cancelled or is not cleared by your bank or building society, we are entitled to charge you a default fee of 5% of the charge(s).
- You may choose to receive an E-bill instead of a paper bill. If you choose a paper bill, you agree that we may charge you a separate charge each month.
- You must provide us with a valid and current e-mail account to use E-billing. The accuracy of that e-mail address is entirely your responsibility.
- We reserve the right to refuse use of the E-billing service to anyone for any reason whatsoever, or to modify or discontinue (permanently or temporarily) the E-billing service to you or all recipients, in our absolute discretion.
You shall remain fully responsible and liable to pay any bills of which notification has been sent to the e-mail address you have specified whether or not:
- you access that e-mail account and read the relevant e-mail;
- you are disconnected from your e-mail account (for any reason); or
- for any other reason (other than our negligence) you fail to read the relevant notification.
- We cannot guarantee uninterrupted and/or reliable access to the E-billing service, and make no guarantees whatsoever as to its operation, availability, functionality, that it will be free of error or disruption or otherwise.
- You agree to use the E-billing service responsibly.
- Reminders will normally be sent for late bill payments. We may also charge Interest at the yearly equivalent of 10% over HSBC Bank plc's (UK) base rate for the whole period of any late payment. The interest is worked out daily. Unless otherwise stated in RTOU.
- If you want to change any of the services agreed to, we may charge you an administration fee. We will notify you of the amount of any such charge when you request the change.
- You may be asked for any deposit at any time (as we believe to be reasonable in the circumstances) as security for the equipment and in case you do not pay your bills or return equipment provided to you. All or any part of this deposit may be used to pay any charges you owe under this agreement. We may (but do not have to) return your deposit after twelve months if we believe that you have a good payment history. We will usually (but not necessarily) consider you to have a good payment history if you have paid your account for twelve months in a row without your services having been restricted, suspended or disconnected and you are not having to pay under a payment plan.
- You understand and agree. The individual(s) providing remittance or such parties accepting a offer for service shall be deemed as personal guarantors to any and all sums due to Terrible Talk or our Regional Terrible Talk Provider (RTTP).
- We are entitled to carry out credit checks on you at any time. This will be done by making searches about you at credit reference agencies who will supply credit information about you, as well as information from the Electoral Register. The agencies will record details of the search, whether or not the application goes ahead. We may use credit-scoring methods to assess the application and to confirm your identity. We and other companies may use credit searches and other information which is provided to us, or the credit reference agencies (or all), about you (and those to whom you are linked financially) if credit decisions are made about you, or other members of your household. This information may also be used to trace debt and manage your account and to reveal information on your payment history to the usual credit agencies. Your details will be checked with fraud detection agencies and if false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We and other organisations may also access and use this information to prevent fraud and money laundering, for example, when:- checking details on applications for credit and credit related or other facilities; managing credit and credit related accounts and facilities; recovering debt; checking details of proposals and claims for all types of insurance; checking details of job applicants and employees. We and other organisations may access and use from other countries the information recorded by fraud prevention agencies. Please write to Terrible Talk’s Compliance Officer at "[email protected]" if you want to receive details of the relevant fraud prevention agencies. You have a legal right to these details.
If at any time before or during the term of this agreement you fail to meet the credit conditions imposed by us, we may do the following
- Require you to make a payment (which shall be made to Terrible Talk) in advance for future charges;
- Enforce credit limits on you for any charges (to the extent that we and/or Terrible Talk, as appropriate, believe is reasonable in the circumstances), restrict the level of services we provide to you, only allow certain methods of payment and/or suspend some or all of the services at any time when you reach the limits until we have received the full payment of any charges you owe under this agreement;
- Demand a deposit from you as described in paragraph 7 section 4 (m) above.
- Cease providing services as described in paragraph 11, & display a public notice of your default in a manner deemed appropriate by your RTTP.
- You must provide promptly and accurately all the information which may be needed so that we and Terrible Talk can perform our respective obligations under this agreement. You must also tell Terrible Talk and us immediately if any of your details change.
By having the services provided by us installed in your home and/or by using them you are providing your consent to use your personal information together with other information for the following purposes:
- providing you with the services, service information and updates;
- administration, credit scoring, customer services, training;
- tracking use of our and Terrible Talk' services (including processing call, usage, billing, viewing and interactive data);
- used to track your services donations.
- disclosure for public notices permitted in this agreement.
- We may share with third parties information about your use of the services in an aggregated form which will not personally identify you. This aggregated data may be used by those third parties for their marketing purposes (e.g. to improve their targeting of advertising based on user preferences).
- Subject to your consent, we may use your personal information to contact you with information about our products and services, special offers and rewards, as well as those of selected third parties. From time to time, we may contact you by mail, telephone, email, other electronic messaging services (such as text, voice, sound or image messages including using automated calling systems) or fax for these purposes.
- We may also disclose your personal information to other Terrible companies so that they can contact you with information about their products and services where you have given us your consent to do so. But don't worry, your personal details won’t be shared with companies outside of Terrible for marketing purposes without your consent.
- If you’ve not previously given us your consent to receiving marketing information as set out above and you’d like to receive this information from us, let us know by calling us, writing to us at [email protected] or check out the privacy policies on your regional Your Regional Terrible Talk Provider's website for more information.
- If you change your mind at any time and no longer wish to receive this information from us, that's okay. Just call us, write to [email protected] or check out the privacy policies on your regional Your Regional Terrible Talk Provider's website for more information. If you opt out of receiving this information from us, we will not contact you for marketing purposes, nor will we share your information with other Terrible companies for them to market to you. Remember that if you say you don’t wish to receive any promotional information from us, this will exclude you from receiving any of our special offers or promotions which may be of interest to you. You can also opt out of receiving marketing information from other Terrible companies or services at any time by contacting them directly.
- By having the services installed in your home and/or by using them you consent to our transferring your information to countries which may not provide the same level of data protection as the country your service(s) are provisioned in, If necessary for providing the services. If such a transfer is made, a contract will be put in place to ensure your information is protected.
- You have a right to ask for a copy of your information (for which we charge a small fee) and to correct any inaccuracies.
- If you do not pay your bills/statements for the services then we reserve the right to transfer your debt to a third party in which case your personal information will also be transferred to that third party for it to use in connection with the recovery of your debt. Such third party will take such action to recover your debt as it considers appropriate and may not be acting on behalf of or to our instructions.
- You may add to or reduce the services you receive from time to time by contacting our customer services team. If you ask us to provide any extra services to you, you agree to accept those additional services for at least the minimum period that applies to them. If you ask us to reduce your tier of services within the minimum period for those services, we may ask you to pay a fee depending on the services being reduced and the remaining length of the minimum period. If you wish to reduce your tier of services or remove any additional services you must give us 60 days notice and pay any charges (including usage charges and line rental) up to the end of that 60-day notice period.
We and/or your Terrible Talk provider may at any time improve, modify, amend or alter the terms of this agreement and/or the services and their content if:
- there is any change or amendment to any law or regulation which applies to Terrible Talk, or the services provided to you;
- We decide that the services should be altered for reasons of quality of service or otherwise for the benefit of customers or, our reasonable opinion, it is necessary to do so;
- for security, technical or operational reasons;
- if the changes or additions are minor and do not affect you significantly or we wish to have all our customers on the same terms and conditions; or
- in all other events, where we reasonably determine that any modification to the relevant system or change in trading, operating or business practices or policies is necessary to maintain or improve the services provided to you.
- We and/or your Regional Terrible Talk Provider may change our charges at any time. Any changes to our monthly charges will be published by us and/or your Regional Terrible Talk Provider on your service offer summary. We will also give you notice of the change(s) at least 30 days before the changes take effect and you may cancel the services affected in accordance with clause 11.3.
We may suspend any or all of the services immediately without notice if:
- you have broken this agreement (including the other applicable terms, like the acceptable use policy) (and in such an instance we reserve the right to reduce the level of services affected);
- you exceed any allowance applicable to your services (and in such an instance we reserve the right to reduce the level of services affected);
- maintenance, repairs or improvements to any part of the services or the system need to be carried out;
- we have to do so by law or in line with a contract;
- you go over any credit limit on your account;
- we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the services and/or the equipment or at any time during the provision of the services;
- we believe that you or another person at your home have committed, or may be committing, any fraud against us, and/or any other person or organisation by using the services or equipment (or both);
- we do not receive a signed copy of the contract document from you within 5 days of installing your services;
- you or anyone you authorise to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate; or
- in our reasonable opinion it is necessary to do so.
- If the services are suspended because you have broken this agreement or if paragraphs 10.1(b), (e), (f), (g) or (h) apply, we may make a charge to reflect our costs in connection with suspending and starting the services again. In normal circumstances you must pay this charge before you can use the services again. You may also be liable for all charges for services during this period of suspension.
- If the services are reduced because paragraphs 10.1(a) or (b) apply, then during any period of reduction, you will remain liable for the payment of your original level of charges.
For your and our protection we can suspend the services if the number of calls or charges for calls made by you has increased to such an extent that it appears, in our reasonable opinion, that the services are not being used in a manner consistent with your previous use. We will make reasonable efforts to contact you before suspending the services but we are not liable for any loss you may suffer through this suspension. We will not provide the services again until we are satisfied that you know of the increased usage and are aware of the consequences of that increased usage. We may also:
- ask you to make a payment of a deposit (which shall be made to Terrible Talk) as security for your charges; or
- prevent you from making international calls and/or premium rated calls if in our reasonable opinion they form a significant proportion of your charges
- Either you or we may end this agreement at any time (including during or at the end of any minimum period) by giving the other 60 days' notice. You must pay any charges (including usage charges and line rental) up to the end of that 60-day notice period. You may also have to pay an early disconnection fee if your services end within the relevant minimum period as set out in paragraph 11.2.
If you end one or more services during the minimum period for such services (other than in the circumstances outlined in section 12), or if you break this agreement and we and/or your Regional Terrible Talk Provider end this agreement (including for non-payment of charges) within the minimum period applicable to those services, you must immediately pay (to Terrible Talk) an early disconnection fee in respect of each cancelled service by way of compensation to us for ending those services early. You can find details of these charges on your Regional Terrible Talk Providers website or your OFS. The early disconnection fee will not be more than the charges you would have paid for your chosen services for the remainder of the minimum period less any costs we save, including the cost of no longer providing you with those services. PROVIDEDHOWEVER that the amount exceeds a 149.00(GBP,EUR), or $249.00(NZD,USD,CAD)
Minimum period shall be stated in your Regional Terrible Talk Provider's terms.
If we and/or your Regional Terrible Talk Provider:
- increase our charges under this agreement (by more than 10 percent in a 90 day period, unless the increase is the direct result of a customer request)
- make significant changes to the services so the services you are entitled to receive in return for the charges you pay are significantly altered or reduced; or
- make significant changes to the terms and conditions of this agreement (including the other applicable terms),
- If we and/or Terrible Talk break the terms and conditions of this agreement, you're free to end this agreement.
We may end this agreement immediately by giving you notice:
- if our authority to operate as a public communications provider is suspended for any reason;
- if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.,
- When this agreement ends or you cancel a service, we will deactivate (permanently switch off) any relevant equipment we supplied to you to provide the services. You will no longer be able to use the equipment.
- If you fail to return or make available for removal any item of the equipment which we have hired/leased to you, you may have to pay extra charges for such equipment, including the replacement cost and reasonable recovery costs. In addition to our other rights, we reserve the right to bring proceedings against you for the return of our equipment.
- If this agreement is ended for any reason, or if any of the services are cancelled, we and/or Terrible Talk will be entitled to keep any money held (including deposits and advance payments) and to use that money to pay any obligation or debt you may owe under this agreement. We'll get in touch with you to refund to you any money remaining after these deductions, unless our costs to administer that refund outweigh the actual account balance. If that's the case, we'll donate the account balance to charity. We may also donate your account balance to charity, whatever the amount, if we have not been able to contact you within two months of the date of termination of this agreement.
- If you move to another address within our service area, you may ask us to provide the services to your new address. You must provide at least one month's notice to do this, but we cannot guarantee to provide you with the services at your new address.
- If you move to another address during any minimum period paragraph 11.2 will apply, unless you continue to receive our services at your new address (in which case paragraph 12.3 will apply)
- If we agree to provide the services to your new address, you may have to pay a service transfer charge (to be paid to Terrible Talk). Details of the service transfer charge are set out in the Offer for Service and/or the RTOU from your Regional Terrible Talk Provider. We will also send you a new contract for the services at your new address and you will have to keep the services for the minimum period. The service start date for your new minimum period will be the date that the services are installed at your new address. You may not be able to keep your phone number if you move house.
We and/or your Regional Terrible Talk Provider, may end any of this agreement immediately if:
- you become insolvent or bankrupt, you enter into any arrangement with your creditors, or if any legal action is taken or threatened against your property;
- we believe that you or another person at your home have committed, or may be committing, any fraud against us, or any other person or organisation by using the services or equipment (or both);
- you break any of this agreement (including the other applicable terms) and, if you are able to put things right, you have not done so within seven days (or such other period as we specify) of us and/or your Regional Terrible Talk Provider asking you to do so;
- We and/or your Regional Terrible Talk Provider have reason to believe that you have provided us or your Regional Terrible Talk Provider with false, inaccurate or misleading information either for the purpose of obtaining the services and/or the equipment from us or at any time during the provision of the services;
- any permission under which we are entitled to connect, maintain, modify or replace the equipment is ended for any reason;
- we and/or your Regional Terrible Talk Provider are required to comply with an order, instruction or request of Government, an emergency services organisation or other competent administration or regulatory authority;
- you or anyone you authorise to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate; or
- we and/or your Regional Terrible Talk Provider are specifically entitled to do so under any other section of this agreement.
- If you break this agreement and we and/or your Regional Terrible Talk Provider choose to overlook it, we and/or your Regional Terrible Talk Provider can still end the agreement with you if you break it again.
If we and/or your Regional Terrible Talk Provider end this agreement because you have broken this agreement (including where you have not paid the charges which you are liable to pay under this agreement) during any relevant minimum period, we are entitled to:
- charge you for any charges including line rental and usage for; and/or
- prevent access to; and/or
- disrupt access to; those services.
- RTTP is entitled to display public notice of your breach, including a description which may include your name, city and country.
- If you break this agreement by committing fraud or any other criminal activity, we will report you to the police, who may take legal action.
You authorise us to install, keep and use apparatus (including but not limited to equipment and additional equipment) at your home and you agree that we and our employees, agents or contractors may enter your home so that we can:
- carry out any work that is necessary for us to connect, maintain, alter, replace or remove any apparatus necessary for us to supply the services you and others have asked for; and
- inspect any apparatus and equipment (like your TV or computer) which you may keep there.
- We, and our contractors agree to cause as little disturbance as reasonably possible when carrying out any work at your home. We agree to repair, to your reasonable satisfaction, any damage that we, our agents or contractors may cause at your home.
- You agree not to do anything, or allow anything to be done, at your home that may cause damage to or interfere with any apparatus or prevent use or easy access to it.
You confirm that you are:
- the current occupier of the home; and
- either the freeholder of the home or a tenant under a lease of 12 months or more.
- We cannot normally be required to remove permanent installations if you terminate this agreement or move from your home.
- Our and your Regional Terrible Talk Provider liability to you is limited as set out in paragraphs 15.2 to 15.6.
Neither we nor your Regional Terrible Talk Provider will be liable to you for:
- any indirect loss or any loss which is not a reasonably foreseeable consequence of Terrible Talk or our contractor(s) negligence or breach of this agreement (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses);
- lost or destroyed data or software;
- any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable or we and/or Terrible Talk had been advised of the possibility of you incurring such loss; or
- direct physical damage to your property (including any of your equipment upon which we have set up the services) unless it has been caused by our negligence or the negligence of their employees, agents or contractors while acting in the course of their employment (and even then our liability will not be more than £100.00(GBP) for any one event or series of connected events).
- When we or your Regional Terrible Talk Provider carry out any obligation under this agreement, the duty of each of us is to exercise the reasonable care and skill of a competent service provider only.
- We will not be liable to you for the accuracy, completeness, fitness for purpose or legality of any information accessed, received or transmitted using the services, or for transmitting or receiving, or failure to transmit or receive, any material through the services.
- If you deal with any other individuals or organisations using the services (for example, by buying or renting goods or services from them or ordering goods from them using our Internet access), we will not be involved in these dealings. We will not be liable in any way for any loss, costs or damage you have to pay for.
- We will not be liable to you for the contents of any material from other individuals or organisations which may be accessed through the services. We also reserve the right to block access to any such material.
Neither Terrible Talk nor your Regional Terrible Talk Provider restricts or excludes liability to you for:
- death or personal injury resulting from our own (or our agents' or contractors') negligent act or failure to act;
- direct physical damage to your personal property up to £200.00 for any one event or series of connected events where the damage arises from our own or your Regional Terrible Talk Provider own (or our agents' or contractors') negligence; or
any of our and Terrible Talk' respective liabilities which, by law, we and our Regional Terrible Talk Provider(s) must cover you for, including for example:
- any liability arising out of part 1 of the Consumer Protection Act 1987 or from us and our respective duties under sections 4.1 or 11.4 of that Act. (Within Great Britain)
- Neither we nor our Regional Terrible Talk Provider will be liable for failing to do what it promised under this agreement if it is prevented from doing so by something outside its reasonable control which will include (but is not limited to) lightning, flood or severe weather conditions, fire or explosion, civil disorder, damage or vandalism to our network or equipment, terrorist activities, war, actions of local or national governments or other authorities, or industrial disputes.
- Any notices we or our Regional Terrible Talk Provider give to you must be in writing and be delivered by hand, sent by fax, ordinary post to you at your home or sent electronically. Any notices you give to Terrible Talk or your Regional Terrible Talk Provider should be given in line with the directions set out in our "Service Offer Letter". Any notice period will start from the day on which the notice is delivered if it is delivered by hand, two working days (i.e. excluding Saturdays, Sundays and public holidays) after the date it was posted if sent by ordinary post, or from the date of successful transmission if it is sent by fax or electronically.
- This Agreement is additional to regional terms by your Regional Terrible Talk Provider. Where conflicts or inaccurate information exist the terms contain within this agreement shall be held paramount.
- This agreement is personal to you and you may not transfer your account or any of your rights and responsibilities under this agreement without our written agreement. For business reasons we and/or Terrible Talk may transfer any of our rights and responsibilities under this agreement without your permission.
This agreement is for services provided by us, or your Regional Terrible Talk Provider, these terms do not apply to services provisioned or provided to businesses or any body that isn't a natural person.
For business or organisation terms please see GSA-B
This agreement will be governed by English Common law.
- This agreement may also be interrupted by the laws and regulations of the jurisdiction for Terrible Talk should a regional incorporation exist.
- We are fully committed to addressing all complaints, fully and fairly, and in a reasonable time frame. If you'd like to find out how Terrible Talk does this, please request a copy of our Complaint Resolution Code of Practice.
- you ('you', 'the customer' or 'your');
- Terrible Talk (worldwide) Partnership ('us', 'we' or 'our'); and
- The limited company for regional services, As explained in regional terms ('our Regional Terrible Talk Provider', 'your Regional Terrible Talk Provider', 'RTTP').
- Your Offer letter for services ('Offer for Services', 'Offer for Service', 'OFS').