1. Explanation of Words Used

Live Date the date on which We tell You that our Services will begin.

Our Group Us our holding company, our subsidiary companies and any subsidiaries of our holding company.

Our Network the telecommunications systems We use to provide our Services to You.

Price List the leaflet on which the charges for our Services are explained.

Services provision of direct access to Our Network over a British Telecom exchange line enabling your voice, facsimile and data calls to be made using Our Network.

User Guide means the description of the Services set out in the ‘Welcome Pack’ that We send to You.

We/Us KCOM Group Plc of 37 Carr Lane, Kingston upon Hull HU1 3RE, registered number 2150618.

You whoever We make this Agreement with including anyone who appears to be acting with your authority.

Your Agreement the agreement between You and Us for the provision of our Services, including these Terms & Conditions and our Price List.

2. Our Services

2.1 We will provide You with our Services to a standard complying with our Welcome Pack.

2.2 We may vary our Services if We need to do so to maintain or improve their quality or to comply with any law or regulation. Before making any variation We will tell You about it.

2.3 Our Services do not include:

i) the supply or maintenance of your exchange line or any equipment.

ii) services associated with your exchange line such as numbering, directory entries and facilities for receiving incoming calls.

2.4 In order for Us to set up the Services for You, You must tell Us your telephone number and postcode as they appear on your most recent BT telephone bill (even if they are incorrect on that bill).

2.5 We reserve the right to withdraw or amend the Services with 28 days notice.

3. How Your Agreement Begins and Ends

3.1 In response to your application, our Customer Services Team will prepare Your Agreement. We may record or monitor any calls you make to our Customer Services Team during the application process for training and quality control purposes only.

3.2 We may refuse your application for any reason. In particular, We may refuse your application if:

i) We cannot provide You with our Services (for example if You use BT’s ‘Light User Scheme’ or if You do not have a BT exchange line), or

ii) You are bankrupt or owe Us money.

Your Agreement will not start until your application has been accepted by Us.

3.3 If We accept your application, We will write to You to tell You when your Live Date should be. This letter will include confirmation of the details of Your Agreement. Our Services will normally be available from the Live Date but may be delayed if there are operational difficulties. We shall be entitled to withhold our Services if your bank has not confirmed that the Direct Debit has been established.

3.4 If You change your mind, You can cancel Your Agreement by giving notice to Us during the cancellation period. The cancellation period is the longer of:

i) 4 days from the day Your Agreement starts, or

ii) 7 working days from the day that You receive our letter which tells You about Your Agreement and the Live Date, unless You start to use the Services in which case You will lose this right to cancel.

If You do cancel Your Agreement within the cancellation period, You will not have to pay Us anything.

3.5 Where You want to end Your Agreement, You must tell Us in writing. Your Agreement will terminate when We are deemed to have received Your written notice in accordance with clause 9.4. We can end Your Agreement by giving You not less than 28 days’ prior written notice.

3.6 We can also end Your Agreement immediately if:

i) You become bankrupt, or

ii) our Services are used for any illegal or fraudulent purposes, or

iii) You have broken any term of Your Agreement (but, if it can be remedied, We will give You 7 days to put that breach right), or

iv) any Direct Debit payment is not made or your bank informs Us that a Direct Debit is not valid.

3.7 When Your Agreement ends You must still pay any outstanding charges for the use of our Services.

3.8 If You move to another address Your Agreement will come to an end automatically. You will then need to enter into a new agreement with Us to receive our Services at your new address.

4. Charges and Payment

4.1 You must pay Us charges for all calls made using our Services, whether You make the calls or someone else does.

4.2 We will bill You for calls made at the rates set out or referred to in our Price List, as amended from time to time. We may change our prices but will aim to let You know at least 21 days in advance of any change We are making.

4.3 Your bill will be calculated using data recorded by Us and not from your own records. Our billing systems will meet standards of accuracy approved by our industry regulator.

4.4 We will send You bills for calls made during the previous billing period. Bills will show itemised calls unless You have asked Us not to do so. You agree to pay our bills within 14 days of the invoice date.

4.5 You must pay by Direct Debit from a bank account. We may vary this method from time to time.

4.6 You must provide Us with all necessary information and authority We need to set up a variable Direct Debit.

4.7 We may apply a usage limit to your account. If You reach your usage limit during any billing period We will inform You promptly and, if You do not immediately pay at least half the charges incurred, We may suspend our Services. However, You will still be responsible for all charges incurred using the Services, including those that exceed the limit.

5. Things You Must and Must Not Do

5.1 You must not use or allow anyone else to use our Services to make hoax, malicious, indecent, obscene, menacing or nuisance calls or any other calls that are in any way calculated to cause damage or disruption to Our Network and any other networks or systems connected to it.

5.2 You must tell Us promptly in writing if You amend any bank account details that may affect your payment arrangements.

5.3 You must not use our Services for any criminal or other illegal activity.

5.4 You must not use our Services for any business purposes.

5.5 You must tell Us if You want Us to bar calls to any numbers using our Services (for example premium rate numbers) even if You have already told BT to do this.

6. Our Responsibilities

6.1 We may pay You compensation for what You have actually lost if We fail to comply with our obligations under Your Agreement but You must prove that You have suffered that loss. We will not, however, be liable to pay You more than £1,000 for any one event or series of connected events and £2,000 in any 12 month period even if your proven loss is greater and even if We are negligent.

6.2 We will not be responsible for any economic loss such as lost business, loss of anticipated savings or any other indirect or consequential loss of any description or for any charges You incur in using another carrier or service provider, even if We are negligent.

6.3 We will not be responsible for any loss or expense resulting from any statement or representation made before Your Agreement begins, unless it was made fraudulently.

6.4 We will not be responsible for any increase in line rental or other charges imposed by another carrier or service provider.

6.5 We do not limit our liability for our negligence (or that of our personnel providing our Services) causing death or personal injury or for any other liability which We cannot legally exclude or limit.

6.6 We shall not be liable for any breach of this Agreement caused by things beyond our reasonable control such as the failure of other operators’ networks, obligations to withhold or suspend our Services if there is a national emergency or for reasons of national security, Acts of God, power failures, employee disputes or the intervention of Government or regulatory authorities.

6.7 Nothing in this Agreement affects your statutory rights if You are a consumer.

7. Data Protection

7.1 When You make your application for the Services, You will be asked if You consent to receive marketing information about:

i) other goods and services We offer,

ii) other goods and services offered by other companies in Our Group, or

iii) other third party benefits and special offers that may be available to loyal customers.

If You consent, We and Our Group companies will be able to contact You to tell You about other special offers and services made possible by new technology. To do this effectively We may process information about the size and make up of your bills, the numbers You call and the times when You make calls.

7.2 We will comply with any consent or subsequent instructions that You give to Us regarding our marketing activities and the use of information We hold about You.

8. Complaints

If You want to complain about our Service please ring our Customer Services Team on 0800 915 5222. We will log your complaint and try to deal with your complaint quickly and sympathetically. Details of our complaints procedure are available from our Customer Services Team.

9. General Provisions

9.1 Assignment Your Agreement is personal to You and cannot be transferred to anyone else unless We agree in writing. We can transfer Your Agreement to another company within Our Group or any third party.

9.2 Waiver If either party breaks Your Agreement and the other chooses to overlook it then the other can still end Your Agreement if the same party breaks it again.

9.3 Amendments If You wish to change any options you have selected with our Services, You should notify our Customer Services Team promptly and We will endeavour to implement your request as quickly as practicable.

9.4 Any notices given in relation to this Agreement must be delivered by hand, post, fax or email and will be treated as having been delivered:

i) on the day of delivery if delivered by hand, or

ii) 2 days after posting if sent by post, or

iii) on the day of transmission if sent by fax , or

iv) on the day of transmission if sent by e-mail.

Notices that You send to Us must be sent to the address, e-mail address or fax number for Us set out in our Welcome Pack. Notices that we send to You can be sent to any address, e-mail address or fax number that You give to Us in connection with your use of our Services.

9.5 Third Parties The Contracts (Rights of Third Parties) Act 1999 shall have no effect in relation to Your Agreement.

9.6 Law The Laws of England and Wales shall govern Your Agreement and we both agree that any case should take place in English Court.

9.7 Disputes Any disputes relating to Your Agreement shall be referred in the first instance to our Customer Services Team who will endeavour in all good faith to resolve the dispute without recourse to the courts. If the dispute does not involve a complicated issue of law or a sum exceeding £5,000 it may be referred by either party to arbitration under procedures previously agreed between Us and the Chartered Institute of Arbitrators. You can obtain details of this procedure by ringing 020 7421 7444.