Fover Microtalk Europe Limited :: General Terms & Conditions
  General Terms & Conditions    
 

1. Definitions

  • "Contract" means, in order of precedence, these Terms and Conditions, and any other document that the parties agree in writing will form part of the contract.
  • "Customer" means the consumer or business so named on the order form and anyone reasonably appearing to Microtalk to be acting with the authority of that person or business. Also referred to as "you" in these terms and conditions.
  • "Microtalk" means Microtalk Europe Limited (with company Registration Number 5317737) of 4th Floor, West World, West Gate, Ealing, London, W5 1DT. Also referred to as “we” or "us" in these terms and conditions.
  • "Services" means the services provided by Microtalk which include the telephone service (calls, line rental, line features), the broadband service, the conferencing service and the referral programme.

2. Overview

All our terms and conditions are published here. Please take time to read through these terms and conditions. You will be asked to accept them if you register for Microtalk Services.

We provide the Services to You subject to a Licence Agreement granted to Us by Microtalk Group Data Services Limited (Licencor) a company registered in England with Registration Number 9828524 and Registered Address at Westworld, West Way, Ealing, London W5 1DT.

Under the terms of the Licence Agreement, Licencor has the right to replace Us with an alternative Licensee to provide the Services to You. Subject to there being no material change to the Services, You agree to Us being replaced with an alternative Licencee.

You agree that any information required to sell, market, operate and provide the Services to You, including but not limited to information You provide Us, will be disclosed to, owned by and stored on equipment operated by Microtalk Group Data Services Limited.

3. General Terms

3.1. The Microtalk Services are only available to people aged 18 and over who have a BT phone line and who live in the UK.

3.2. You must be the owner (or authorised by the owner) of the phone line(s) that you register with us.

3.3. If you do not choose our line rental service, you will need to continue paying BT or your current line rental service provider for the rental of your line

3.4. By submitting your details during registration on our web site or by giving us your details over the phone or through the post or by signing an application form you will be agreeing to enter into an agreement with us. This agreement will begin when we accept your application. This agreement is the entire agreement between you and us with regard to the Services.

3.5. You promise that the details that you have supplied us with are true and accurate on the date you give them and that you'll let us know immediately if any of them change.

3.6. You may register once and may maintain only one account.

3.7. It is your responsibility to keep your Microtalk personal password safe. If you do give anyone your password, you'll be responsible for any unauthorised use of your Microtalk account until you notify us about this misuse and give us a reasonable amount of time to suspend authorisation of your password. If you suspect that any unauthorised person is using your Microtalk account, then you must contact us immediately.

3.8. No one else is permitted to use your account. You may not use anyone else's account.

3.9. We may change the Services and these Conditions at any time. We will give you notice of any changes by email or by writing to you and by publishing them on our web site.

3.10. You are responsible for ensuring the compatibility of our services with your requirements and equipment. It is your responsibility to ensure compatibility of the Microtalk Services with any monitored alarm systems and you should check this with your alarm system provider. If we suspend the Service at any time this will affect the operation of your monitored alarm system. We do not accept liability in connection with your monitored alarm system.

3.11. We do not guarantee the Services will be uninterrupted or fault free. However, if there are faults with the Services, we will try to fix them as quickly as we can. That is the limit of our responsibility.

3.12. Not withstanding the forgoing our total liability to you under this agreement is limited to the total charges you have paid in the 12 months before the loss or damage.

3.13. We are not liable for any indirect or consequential losses, including negligence, loss of profit, loss of savings including anticipated savings, loss of business contracts or any other loss howsoever arising.

3.14. You can contact us through our web site (www.microtalk.co.uk) or by phone or by post (as detailed on the web site). We may contact you by email, phone, personal delivery or by pre-paid post.

3.15. We may suspend immediately the provision of the Service to you until further notice without compensation if we believe that you are in breach of these Terms & Conditions or if we are obliged to conform to an order from H M Government, emergency or law enforcement services or a supplier. If we suspend the Services to you, due to your breach of these Terms & Conditions, you shall reimburse us our costs and expenses reasonably incurred by our suspension of the Service and/or the recommencement of the provision of the Service to you. If we exercise the right to suspend the Service this shall not affect our right to terminate the Contract.

3.16. Neither you nor we shall be liable to the other for any loss or damage which may be suffered by the other due to any cause beyond its reasonable control.

3.17. Monitoring or recording of calls between you and us (or our suppliers) may take place for our quality and business purposes.

3.18. We may hold information that you provide to us or that we may obtain from another source (such as our suppliers, marketing organisations or credit reference agencies). You authorise us to hold and use your information and to pass that information to third parties to support us with our business activities which include service provision, credit checking, debt collection, billing, payment processing, customer service, marketing and legal or regulatory activity.

3.19. You may not transfer the whole or any part of this contract without our prior written consent. We reserve the right to assign, subtract, transfer or otherwise deal with the whole or any part of this contract at any time.

3.20. If you have a complaint or query regarding any aspect of the Service including your bill, please contact our Customer Services at customerservice@microtalk.co.uk or 0800 321 3023.

3.21. If you are not happy with our response to any complaint that you make you may refer your complaint to the Telecoms Ombudsman at www.otelo.org.uk or on 0845 050 1614.

3.22. We can cancel this agreement at any time by notifying you on one month's notice. If we terminate this agreement you may not rejoin unless specifically invited to do so by us.

3.23. We may cancel this agreement immediately by giving notice to you at the email address you have given to us or by writing to you, if:

  • a) at any time any supplier ceases to provide services to us such that we are unable to continue to provide the Service to you
  • b) we are unable to collect any payment due
  • c) you go over your credit limit
  • d) your method of payment expires or is cancelled and not replaced;
  • e) you do not use your account for three months or more
  • f) you are declared bankrupt or you make an arrangement with your creditors
  • g) any aspect of the service is misused
  • h) you are or become, of unsound mind within the meaning of the Mental Health Act i) you break any of the terms of this agreement
  • j) there is unauthorised use of your password through your fault or neglect or
  • k) we have reasonable grounds for suspecting any of the above.

3.24. If a court decides that any part of this agreement cannot be enforced, that particular part of the agreement will not apply, but the rest of the agreement will.

3.25. This agreement is governed by English law and the English Courts have exclusive jurisdiction to resolve any disputes arising under it.

4. Billing and Payment

4.1. We shall prepare and send to you a statement once a month and you shall pay any amount due within 14 days.

4.2. You shall be liable for all charges for using the Microtalk Services. Our charges are set out in our latest published price list that is available on our web site from time to time. We may change our prices at any time and will endeavour to give you at least 14 days notice.

4.3. When you join us, you authorise us to arrange for your payments to be automatically taken from your debit card, credit card or Direct Debit bank account, depending on the payment method you selected.

4.4. You must pay for all your Services using the same payment details.

4.5. You must notify us promptly of any problems after they first appear on your statement. If you do not bring them to Microtalk attention within 90 days you will have waived your right to dispute those problems or discrepancies.

4.6. If your credit or debit card or Direct Debit payment fails, we reserve the right to make a £5.00 (inc VAT) charge to cover the costs we incur in contacting you, collecting payment and setting up new payment details. If we continue to be unable to collect a payment, we reserve the right to pass your debt over to our debt collection agency and pass on to you any additional costs incurred. We shall also be entitled to charge you a monthly administration fee for each month in which your direct debit is dishonoured or not reinstated following cancellation.

4.7. If you are late in meeting a payment, we may charge you late payment fee of £5.00. If the account is overdue for more than a month, we may charge interest on the amount you owe us. We will charge you interest at a rate of 5% above the base lending rate of Bank of England. We will calculate this interest on a daily basis over 365 days in the year. If you have more than one account with us, we may transfer money from any of your accounts that are in credit to pay any account that is overdue.

4.8. If the Service is cancelled or ended, any money you owe us immediately becomes due for payment.

4.9. We will give you a credit limit when you open your account and we may change that at any time without prior notice. If you exceed your pre-agreed Credit Limit between monthly bills:

  • a) you authorise us to automatically collect 'Top Up' payments up to your outstanding balance if you are paying by credit or debit card.
  • b) we may suspend the service and demand immediate payment if you are paying by Direct Debit.

4.10. You are liable for charges during suspension or disconnection unless we decide otherwise.

4.11. We may suspend the Service if:

  • a) we have not been able to collect your payment for using the Service, or
  • b) you have exceeded your credit limit, or
  • c) we suspect, or you tell us, that there is unauthorised or fraudulent use of your account.

5. Phone Call, Line Rental Charges and Broadband Charges

5.1. Charges for calls become due as the calls are made.

5.2. Charges for monthly tariffs and line rental are due monthly in advance from the date you are connected.

5.3. We will endeavour to bill you for all the calls you have made within 3 months of you making those calls, but if we receive call details from our network suppliers after 3 months those will also be billed and appear on your statement.

5.4. If the calls that you make cost less than £3.00 (inc VAT) over a 3 month period, we may add a £1.00 processing charge to collect the amount owed. If you have not made any calls, we will not collect any money. We make this charge to cover our costs in collecting this money.

5.5. Broadband charges are due monthly in advance from the date you are connected.

6. The Telephone Service (Calls & Line Rental)

6.1. After you have applied to join the Telephone Service, if your application is successful, we will send you a letter to confirm your switch-on date (usually within 10 working days).

6.2. You may cancel your application by contacting our Customer Services within 7 working days (the "Cooling Off" period). After this period Microtalk will go live.

6.3. Once the Telephone Service is live you may cancel it at any time after the end of the minimum contract period (which you will be made aware of when joining). It will usually take around 10 working days to switch off. Customers who choose the Broadband Service may not cancel their Telephone Service.

6.4. You are responsible for supplying equipment to use the Telephone Service. You must ensure that such equipment is suitable and your use of it is legal.

6.5. Services provided by other communications providers will be automatically removed from your line when we connect you to the Microtalk service. You should be aware that certain services you may receive from other providers may not be available from Microtalk or may be charged differently. You authorise us to act on your behalf in all dealings with any other telecommunication network operators that may be required to provide you with our services. If your line(s) has been registered with another telecoms company that uses the dialling code, you authorise us to close your account with them.

6.6. The Telephone Service is provided to you for your use. You may not re-supply or re-sell the Telephone Service to any person but you may introduce people as described in the Referrals Programme.

6.7. If you choose to access the service with a prefix code, you are responsible for using the correct codes. If you do not use the correct codes for your calls, you will not be using the Telephone Service and we cannot be responsible for any charges you incur.

6.8. If you move house or your line is disconnected from the Carrier Pre Select service by BT (or another service provider) your tariff will remain on your line (for access using a pre-fix code). If you no longer wish to have this tariff on your line, or you wish to close your account you will need to let us know by contacting Customer Services. If you do not, your existing tariff and account will not be terminated and you will be liable for any charges that remain due.

6.9. Microtalk residential customers can talk to each other for free. This applies to calls between customer's BT landlines which are connected to the Microtalk Carrier Pre Select service. This excludes calls which are not routed over the Microtalk network and non voice calls (internet & data) and non-geographic calls (e.g. mobile, Premium Rate, 0845, 0870).

6.10. TalkPlan2 or CallPlan2 entitle residential customers to make un-metered off-peak (evening and weekend) local and national calls to any geographic number in the UK from your home fixed line. Non-inclusive calls will be billed at the Microtalk standard rates.

6.11. TalkPlan3 or CallPlan3 entitle residential customers to make un-metered local and national calls at any time to any geographic number in the UK from your home fixed line. Non-inclusive calls will be billed at the Microtalk standard rates.

6.12. International Unlimited entitles residential customers to make un-metered calls at any time to landline numbers in the specified list of countries (please see Microtalk price list) from your registered home line. Non-inclusive calls and calls lasting more than 60 minutes will be billed at the International Saver rates.

6.13. If, at anytime, your usage does not match that which we would reasonably expect for a residential customer, we may, at our sole discretion:

  • a) no longer consider you to be a residential customer;
  • b) immediately suspend your savings plan and start billing you in accordance with our standard prices;
  • c) inform you by email that we have removed either of these packages from your line(s)

6.14. Savings plans with monthly fees are charged monthly in advance for each line on the plan.

6.15. You may cancel savings plans with monthly fees with 1 month's notice.

6.16. If you want to connect equipment to the Network other than using a main phone socket you must obtain permission from us first. You must not connect any equipment to the Network which may harm the Network or the equipment of other users of the Network. If you do, you must disconnect such equipment immediately or we will disconnect it for you at your cost and expense.

7. The Broadband Service

7.1. To receive and use the Broadband Service you will need a number of items including a modem, a BT telephone line, a personal computer of a minimum specification and cables.

7.2. We will test your line to see if we can provide you with the broadband service. 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 BT to do this work for you. This work must be done before we can accept your order and you will be responsible for any and all costs associated with this work.

7.3. When your Broadband Service is activated there may be a temporary loss of your BT line for which we shall not be liable.

7.4. We will do our best to meet any times and dates given in relation to the Service but we have no liability to you if we are unable to meet them.

7.5. The service speed will be up to 8Mbps, but actual speed depends on far you live from the exchange.

7.6. We will provide a Technical Support helpline to provide information and advice to you on technical issues relating to your use of the Broadband Service.

7.7. We will provide to you a username and password in order to access the Broadband Service. You must keep this information secret and will let us know if you suspect your account is being used by someone else. You agree to take all necessary steps (or such steps as may be requested by us) to prevent such use.

7.8. This contract shall start on the Commencement Date and shall continue for a Minimum Period of 12 months. Following the Minimum Period this Contract shall continue until it is terminated by Microtalk or by you providing us with a minimum of one month's prior written notice (the Broadband Service is only billed in whole calendar months).

7.9. If you are migrating to the Microtalk Broadband Service from another broadband service provider, you will need to obtain a Migration Authorisation Code ("MAC") from them. 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.

7.10. If you are not Migrating an existing broadband service to Microtalk, Microtalk may supply you with a Modem. This modem will remain the property of Microtalk at all times. On termination of this contract you must return the modem (including all the relevant packaging, cables and appropriate ancillary equipment or software and documentation supplied to you with the Modem) to us, or our nominated agent, within 14 days. If we do not receive your modem we will charge you the replacement cost.

7.11. We shall not replace any Modem that is lost or becomes faulty as a result of any damage caused to it through your negligence and you will be responsible for the cost of any replacement supplied by us to enable you to continue receiving the Broadband Service.

7.12. If before the Commencement Date you cancel your Order for our Broadband Service and we have supplied you with a Modem, you must either pay us for the Modem or, within fourteen days of notifying us of your cancellation, return the Modem to us or our appointed agent in the returns envelope that we shall send to you. If we do not receive the Modem within this time we reserve the right to charge you the full replacement cost of the Modem.

7.13. If you move house and want to access the Broadband Service at your new address you will need to let us know by contacting Customer Services. If you do not, your existing account will not be terminated and you will be liable for any charges that remain due in respect of the Minimum Term relating to that account.

7.14. Before you install the software supplied with the Modem and before you connect the Modem to your computer, you should back up or save any data on your computer.

7.15. Where we provide you with one or more e-mail addresses you acknowledge that they are not your property and that we are entitled to alter them in our sole discretion. We may change your e-mail addresses where reasonably necessary after providing you with reasonable notice.

7.16. You acknowledge that you have no right to sell (or to agree to transfer) or dispose of in any way, any e-mail addresses provided to you by us.

7.17. You will not use the service:

  • a) in a way that does not comply with the terms of any legislation or any license applicable to the Customer or that is in any way unlawful or fraudulent or has any unlawful or fraudulent purpose or effect
  • b) in connection with the carrying out of a fraud or criminal offence against Microtalk, or any other public telecommunications operator
  • c) to send, knowingly receive, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of any copyright, confidence, privacy or any other rights
  • d) to send or procure the sending of any unsolicited advertising or promotional material other than in the case of the Customer to its own customers
  • e) in a way that does not comply with any instructions Microtalk or BT has given

8. Faults affecting the Microtalk phone service

8.1 You must immediately let us know by telephoning our customer services department if you are suffering or suspect that there is a fault with the Microtalk Service. We will endeavour to correct the fault as soon as practicable. If you contact a third party telecommunications provider, it is unlikely that they will deal with your request. If a third party telecommunications provider does deal with your request, you will be solely responsible for their charges.

8.2. If there are any faults with the Microtalk Service, we will be responsible for those faults if they arise out of any act or omission by us (or a third party authorised by us) or they are due to fair wear and tear. You will be responsible for all charges that we incur in repairing any fault with the Microtalk Service which arises out of or in connection with any act or omission by you or any third party for whom we are not responsible.

If a fault with the Microtalk Service is caused by any equipment owned by you or leased by you from a third party or relates to the telephone line inside your home we will charge you for any work we carry out to fix the fault as set out in the Price List and we may also disconnect that equipment without giving you any prior notice and without incurring any liability to you. You should be aware that we are only responsible for the exterior telephone line outside of your home or, in the case of a block of flats.

8.3. Where we arrange for an engineer to visit the Location to attend a fault we will agree with you a mutually convenient time for the engineer to visit the Location. We will use reasonable endeavours to ensure that the engineer arrives at the agreed time but we cannot guarantee this. If you do not give the engineer access to the Location within that agreed time you will be charged as set out in our Price List.

8.4 Our charges for dealing with faults with the Microtalk Service shall be at the rates published in our Price List from time to time. You may telephone our customer services department for further information.

9. Telephone number and directory services

9.1 Any telephone number provided to you for use with the Microtalk Service is personal to you. You agree that you do not own the telephone number and that you will not sell or transfer any number provided to you. You also agree that you will not advertise your telephone number in any phone box. If you do, we may suspend or disconnect the Microtalk Service.

9.2. We may need to change your telephone number or the PINs used for the optional features for reasons beyond our control (such as where we are requested to do so by a Competent Authority) or other reasons (such as where we reasonably believe that the alteration will enhance your use of the Microtalk Service). We will try to give you as much notice of any change as possible.

9.3. We do not provide a telephone directory service. If you accept the Microtalk Service, we will provide your details to another telecommunications provider for listing in a telephone directory unless you do not wish to be included in a telephone directory. If your details are already included in a telephone directory and you no longer wish to be included in the telephone directory, you should be aware that your details will only be excluded from the telephone directory when the telephone directory is next updated by the telecommunications provider. We accept no liability whatsoever for any failure by that telecommunications provider to comply with your listing request.

9.4 In the event that the Microtalk Service is suspended or terminated for any reason, your telephone number will automatically return to the telecommunications provider which originally allocated you the number. We cannot guarantee that the same telephone number will be available to you if the Microtalk Service is reconnected in the future.

10. Termination

10.1. You may end the Microtalk Telephone Service provided under this Agreement by giving us notice. Please send your termination notice to our customer services department by fax, email or post at the address on our Website.

10.2. If you agreed to take the Microtalk Service for a minimum fixed term (as specified in your Customer Application Form or as otherwise communicated to you – referred to as the "Initial Term" in this clause):

10.2.1 You may terminate this Agreement in relation to the Microtalk Service on giving at least one month’s notice, such notice to be effective no earlier than the end of the Initial Term. In the event that this Agreement is terminated in relation to the Microtalk Service during the Initial Term (or any subsequent additional agreed fixed term), other than by you during the Cooling Off Period or by us as detailed under this Agreement, you must pay all Charges that would have been payable for any remaining period of the Initial Term or any subsequent additional fixed term;

10.2.2 If the Agreement is terminated you shall immediately pay us all outstanding Charges for your use of the Microtalk Service, any Optional Features and any other Services.

 
 
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