PlusNet Terms and Conditions for Telephony Services ("PSTN")
These terms and conditions apply to all new customers that registered before Wednesday 31st October 2007.

1. DEFINITIONS AND INTERPRETATIONS

"Additional Calling Features" means the services offered by PlusNet in addition to the Home Phone product, which a Customer may choose to select from the list of calling features set out in the Product Description, including 1571 voicemail, ring back, caller display and call diversion.

"ADSL" means Asymmetric Digital Subscriber Line, a technology for transmitting digital information at a high bandwidth on existing phone lines to homes and businesses.

"Agreement" means these Conditions and Annexes hereto, the Customer Order, and any other document that the parties agree in writing will form part of the Agreement.

"Annexes" means any annex or annexes to this Agreement.

"Broadband" means telecommunication in which a wide band of frequencies is available to transmit information.

"Broadband Products" means any product supplied by us which uses Broadband.

"Business" means a firm or limited company, or natural person acting in the course of a trade or profession.

"BT Master Socket" means the box installed by our agents in the Premises through which the Services will be provided to you.

"Call Allowance" means the monthly credit allowance for calls permitted for each Customer depending on which Home Phone product they have selected, details of which are set out in the Product Description.

"Chargeable Calls" means any call made by a Customer using the Services other than those calls which fall within the Call Allowance and which are more particularly set out in the Product Description.

"Charges" means any or all charges to the Customer payable to PlusNet as shown from time to time on our website at www.plus.net for calls (including those calls falling within the Call Allowance and Chargeable Calls) made using the Services.

"Consumer" means any natural person who, in agreements to which these Conditions apply, is acting for purposes which are outside his trade or profession.

"Conditions" means these terms and conditions.

"CPS" means "Carrier Pre Selection" which is the network access mechanism that occurs when a telecommunications operator automatically programmes your local telephone exchange to route your calls over a specific carrier's network without customer premises equipment having to be reconfigured or you having to dial additional prefix codes on your telephone prior to making a call.

"Customer" means the Consumer or Business so named on the Customer Order with whom PlusNet enters into this Agreement. Also referred to as "you" in these Conditions.

"Customer Order" means the signup at www.plus.net completed by the Customer or other Customer order for Services and, where necessary, Fittings and Wiring.

"Help Assistant" means the tool at www.plus.net that enables electronic communications between you and the PlusNet Customer Support Team. This was formerly known as "Contact Us".

"Home Phone product" means the line rental and call services Home Phone Anytime and Home Phone Anytime + as more particularly defined in the Product Description.

"IDA" means "Indirect Access", a fixed line telephony product which allows a customer to access special rates by first dialling a prefix immediately before making a call.

"Intellectual Property Right" includes patents, inventions, know-how, trade secrets and other confidential information, registered designs, copyright, database rights, design rights, rights affording equivalent protection to copyright, semiconductor topography rights, trade marks, service marks, logos, domain names, business names, trade names, moral rights, and all registrations or applications to register any of the aforementioned items, rights in the nature of any of the aforesaid items in any country or jurisdiction, rights in the nature of unfair competition rights and rights to sue for passing-off.

"Fittings and Wiring" means the physical telephony infrastructure installed in your premises including (but not limited to) wiring, BT Master Socket and any other relevant equipment through which the Service is delivered.

"Internet" means the global data network comprising interconnected networks using TCP/IP to which PlusNet is connected and provides access to its Customers.

"Nominated Third Party" means any third party nominated by us to supply you with any Services and/or Fittings and Wiring pursuant to this Agreement.

"Password" means the alphanumeric characters chosen and used exclusively by the Customer at his own risk for the purpose of securing and maintaining the exclusivity of his access to the Service.

"PlusNet" means PlusNet Plc (Company Number 03279013) of Internet House, 2 Tenter Street, Sheffield, S1 4BY. Also referred to as "we" or "us" in these Conditions.

"PlusNet Broadband customers" means customers of PlusNet's Broadband Products other than as provided under this Agreement.

"PlusNet Customer Support Team" means the Customer support team contactable on the Help Assistant tool on www.plus.net.

"Portal" means the interface through which a Customer accesses Services provided by us.

"Premises" means the place where you will receive the Service.

"Product Description" means the description available via the following: www.plus.net.

"PSTN" means the Public Switched Telephone Network a network of fixed-line analogue telephone systems

"Registration" means the completion by a Customer of a Customer Order, the Customer's acceptance of these Conditions by clicking the "I Accept" button at the end of the Customer Order form and PlusNet's acceptance of the Customer Order in accordance with clause 3.2.

"Service" and "Services" means the service(s) (as the context shall allow) provided by PlusNet to the Customer under this Agreement and includes all or any part of a Home Phone product and Additional Calling Features.

"Software" means a program/programs used to operate computers and related devices.

"Subscription fees" means those charges made to you by us for the Services, including line rental and Call Allowance but excluding the any charges for Chargeable Calls.

"Teleworker" means people working from home and using a residential service for commercial use.

"TCP/IP" means Transmission Control Protocol/Internet Protocol, the basic communication language or protocol of the Internet.

"User Name" means such sequence of alphanumeric characters as are used from time to time by the Customer to identify himself to other users of other computers to which PlusNet is from time to time connecting or otherwise forwarding data to and from the Customer.

"Working Days" means Monday to Friday, excluding Bank or other Public holidays in the United Kingdom.

2.1 In the event of any conflict (whether as to interpretation or otherwise) between the provisions of the Customer Order, these Conditions and Annexes, the provisions of any other agreement or document referred to in these Conditions and Annexes the following order of precedence shall apply:

2.1.1 the Customer Order;

2.1.2 these Conditions and Annexes; and

2.1.3 any other agreement or document.

2. INTRODUCTION

2.1 PlusNet’s telephony service delivered over PSTN is branded as Home Phone. The Terms and Conditions detailed here relate to the sale and provision of the Services.

2.2 As stated in clause 5 the Services are only available to PlusNet Broadband customers. Therefore by accepting these Conditions you also agree to the PlusNet Terms and Conditions for Internet Services and/or the sale of Equipment in relation to such Internet Services and Equipment. These can be found here.

3. ACCEPTANCE OF ORDERS

3.1 Any Customer Order shall comprise an offer which must be expressly accepted by PlusNet before an Agreement is completed in accordance with clause 3.2. PlusNet reserves the right in its absolute discretion to refuse any such order. All Agreements are subject to the availability of the Service ordered.

3.2 Acceptance is made when you receive notification of acceptance, or when the Service is activated, or when we accept receipt of the Subscription fees (whichever is soonest) at which point, subject to clause 6 below, the Agreement shall commence.

4. THE SERVICE

4.1 Subject to these Conditions PlusNet will provide the Services specified in the Customer Order.

4.2 Any date indicated by PlusNet as a date for connection is an estimate only and may be liable to change without prior notification to the Customer. Accordingly PlusNet will not be responsible for any delay in connection beyond such a date. We will use reasonable endeavours to provide you with reasonable notice of any delay.

4.3 The Customer must inform PlusNet of any change to their telephone, fax, email or other contact addresses prior to the change becoming effective. Any such change may impact on the Services offered to you, and may incur further charges. In addition, you undertake to comply with the email acceptable use policy set out in [annexe 1 to PlusNet Terms and Conditions for Internet Services and/or the sale of Equipment].

4.4 The Service supports the provision and/or the transfer of existing PSTN telephony service to PlusNet subject to availability, see clause 5.3.

4.5 We cannot and do not guarantee that we will provide or transfer any or all services or equivalents to Additional Calling Features you may have active with your previous provider save as set out in the Product Description.

4.6 We do not provide you with any equipment as part of a Home Phone product, such as your telephone or any other hardware or services, other than the Fittings and Wiring.

4.7 When we provide you with the Service, we will use the reasonable skill and care of a competent service provider. We cannot and do not guarantee that the Service will be fault free. Should faults occur we will use reasonable endeavours to correct such faults.

4.8 Should you transfer to a Home Phone product or similar service from a third party service provider, we will use reasonable endeavours to keep your existing telephone number during the transfer, however we cannot guarantee this. We will maintain your BT Phone Book and Directory Enquires status at the time of transfer. For example if you are listed as Ex Directory with your previous provider you will continue to be Ex Directory on completion of the transfer. You can request to change your directory status by contacting us in writing via the Help Assistant.

4.9 You authorise us to act on your behalf in all dealings with BT or any other network operator or service provider in connection with the Service, and in particular you consent to BT or any other network or service provider (as applicable) providing us with access to, and transferring to us or any nominated third party, any personal data of yours (and other relevant information) to allow us or any nominated third party to connect you to, and provide you with, the Service.

4.10 In addition to clause 4.9 above, where the Service is being or has been used inappropriately as defined in clause 16, or we suspect that the Service is being or has been used inappropriately, we may contact the police and/or co-operate with the police or any regulatory or similar or relevant authority or body in connection with any misuse. We may pass on your personal details and personal data to these authorities or bodies, in particular where we are required to do so by law, and you consent to such use of your personal details and personal data.

4.11 We may use a nominated third party to connect you to, and/or provide you with, the Service.

5. AVAILABILITY

5.1 The Service is available only to new or existing PlusNet Broadband customers.

5.2 You are required to sign-up to an appropriate account type depending on your required utilisation. Home accounts are provided for Consumers. If you wish to use your account commercially then you must sign-up to a Business account or Teleworker account where appropriate. For guidance, we consider commercial use to be at a level above that which is running a part time Business or supporting any kind of hobby. Business accounts must be used if the account is to be used from any official Business Premises while Teleworkers are considered to be commercial use of a residential connection.

5.3 The Service is subject to availability. If we are unable to provide the Service to you we will inform you as soon as reasonably possible following the submission of your Customer Order.

6. WHEN OUR AGREEMENT WITH YOU STARTS

6.1 Our Agreement with you will start when registration is complete.

6.2 The Service will commence on the date of completion of the line transfer or activation of the Service.

6.3 PlusNet will use reasonable endeavours to provide the Service by the date agreed with the Customer, but all dates are estimates and PlusNet has no liability for any failure to meet any date.

6.4 The right to use the Service is personal to you. You must advise us if you suspect that someone else is using your account or is able to access your account.

6.5 You select the type of Service and duration of the Agreement during the completion of the Customer Order.

6.6 When we provide the Service to you, we promise to use all reasonable skill and care of a competent Service Provider.

6.7 The terms of this Agreement shall prevail over any terms and conditions from the Customer with whom we are dealing.

7. GETTING STARTED

7.1 Before we can be certain that we can provide you with the Service, we may need to:

7.1.1 successfully complete a line test and survey to demonstrate that we can effectively provide the Service to you; and

7.1.2 successfully activate the Service.

7.2 If the items contained in clause 7.1 cannot be successfully completed and, as a result, we cannot provide you with the Service, we will notify you as soon as possible through the Help Assistant tool and by email.

7.3 For a new install we may give you some advice on preparing your Premises. As a minimum, you will need to provide a suitable location for any equipment required to access the Service.

7.4 For a transfer of service from an existing PSTN service provider, you will be deemed to have the necessary Fittings and Wirings to use the Service. If the transfer of Service necessitates any specific Premises and/or equipment requirements we will advise you of these in advance. If you fail to follow our advice in this respect, the Service may be impaired or we may not be able to provide the Service at all. At our discretion, we may terminate the Agreement immediately if you fail to implement our advice in these circumstances.

8. CANCELLATION
This clause 8 applies if you are a Consumer:

8.1 Agreements for the purchase of Services made over the telephone or through our website, or by mail order, are, with the exception of certain excepted Agreements subject to The Consumer Protection (Distance Selling) Regulations 2000 (the "Regulations").

8.2 You may cancel this Agreement in relation to the Services in accordance with the Regulations within 7 Working Days beginning on the day after the day on which the Agreement is concluded. If the Services include line installation then, in relation to the line installation Service and related Services, this 7 day period is deemed to commence on the day after the day on which the Customer line is installed. In any 7 day period under this paragraph, you lose the right to cancel if the Service is used or otherwise performed within the 7 day period.

8.3 In accordance with the Regulations, the following exceptions apply to the right to cancel under clauses

8.4 If you have purchased audio or video recordings or computer software, then in any 7 day period under this clause you lose the right to cancel in relation to these when they are unsealed by you. Where they are supplied to you on-line, audio or video recordings or computer software shall be deemed to be unsealed when downloaded. You have no right to cancel in relation to the following contracts: for any gaming, betting or lottery services; for the supply of newspapers periodicals or magazines; for the supply of any goods made to your specifications or clearly personalised or which by their nature cannot be returned or are liable to deteriorate rapidly; for the supply of goods or services the price of which is dependant on fluctuations in the financial market which cannot be controlled by PlusNet.

8.5 If the Regulations apply, you may cancel Services purchased from us by sending written notice of cancellation by post or hand delivery addressed to Customer Services at the address available under the Help Assistant tool or by using the Help Assistant tool.

8.6 The Regulations, and this clause, do not apply to Business Customers.

9. PROVIDING INSTRUCTIONS
We may accept instructions regarding the Service from any person who reasonably appears to be acting on your authority. Any agreements made on your behalf by such a person will be binding on you and subject to these Conditions.

10. SERVICE SECURITY

10.1 We will issue you with a set of User Names and Passwords. These are essential for secure management of the Service and so you must ensure that you keep these confidential, secure and that you use them in accordance with all relevant instructions. Passwords and User Names must not be disclosed to anyone without authorisation. You must not send your passwords over the internet by email, chat or other insecure communication methods.

10.2 You must not use a false identity in any communications.

10.3 You must not attempt, or participate in, the unauthorised entry into or viewing of another Customer's account.

10.4 Call data records will be kept for the purposes of billing, backup, problem solving, network management, marketing, in relation to any inappropriate use as defined in clause 16 and where required by law.

10.5 If we think there has been or may be a breach of security or misuse of the Service, we may:

10.5.1 change your Password and then notify you of this change; and/or

10.5.2 suspend User Name and Password to manage the Service (please also see clause 18).

10.5.3 suspend your access to the Service (please also see clause 12).

10.6 We shall have the right from time to time to change your User Name, internal address and/or Password allocated by us for the purpose of essential network maintenance, enhancement, modernisation or other work which we deem necessary to the operation of the Service or on any other reasonable grounds. Any such changes will be notified to you.

10.7 If you forget your User Name or Password or you think someone knows your User Name or Password and they are not authorised to use it, or if any Password is being or is likely to be used in an unauthorised way, you must inform PlusNet immediately using the Help Assistant tool.

10.8 If any of the information provided by you, whether in your Customer Order or otherwise, during the sign-up procedure changes, including any changes to your payment details, you must inform us immediately. Please note that if you update your address because you are moving Premises and need a Home Phone product at the new location there will be costs incurred for which you are liable. More information can be found here.

11. ACTIONS WE MAY NEED TO TAKE

11.1 We may have to alter the Service including your phone number and/or STD code for operational reasons.

11.2 If any operator shall discontinue the provision of telecommunications services to PlusNet or shall alter, modify, expand, improve, maintain, repair, suspend or otherwise change the telecommunications services or any part thereof provided to us, we shall be entitled to discontinue, alter, modify, expand, improve, maintain, repair, suspend, disconnect or otherwise change the Service to you as necessary.

12. SUSPENSION

12.1 We may need to temporarily suspend, with reasonable notice, the Service or parts of the Service for operational reasons, including but not limited to:

12.1.1 repairs;

12.1.2 planned maintenance;

12.1.3 upgrades; or

12.1.4 if we are asked to do so by the police, any Court of competent jurisdiction or any government agency or regulatory authority, the government, the emergency services or any other competent or lawful authority.

12.2 Should we need to temporarily suspend the Service or parts of the Service in accordance with clause
12.1, we shall use reasonable endeavours to restore the Service as soon as is reasonably practicable thereafter.

12.3 We may suspend the Service to you without notice and without prejudice to our rights of termination under clause 23 in the event of the following:

12.3.1 failure by you to make any payment to us (whether under this Agreement or otherwise) on its due date for payment;

12.3.2 if you contravene any term of this Agreement; or

12.3.3 if it appears to us that there is a pattern of use of the Service that is inconsistent with the pattern of use of an ordinary Consumer or if there is an unusual change in your use of the Service (for example the volume or destination of calls increases significantly).

12.4 If we decide to suspend the Service or part of the Service (for any reason), we reserve the right to restore it (if neither you nor we have ended this Agreement) only if we are reasonably satisfied that you will only use the Service in accordance with the terms of this Agreement.

12.5 If we decide to suspend the Service, this Agreement will continue during the period of suspension and you will have to pay all relevant Chargeable Calls charges and Subscription fees.

12.6 If we suspend the Service for any reason, you can still make calls to the operator and emergency services through the Service.

13. REPAIRING FAULTS IN THE SERVICE

13.1 If there is a fault with the Service, or you forget a Password, you must report it to the PlusNet Customer Support Team. You can do so online via http://portal.plus.net/wizard/index.html.

13.2 We shall use our reasonable endeavours to correct all reported faults as soon as is reasonably possible.

13.3 We may sometimes monitor or record calls to or from our Customer Support Team. We may do this for training purposes or to improve the quality of our customer support.

13.4 The customer support centre is available 24 hours a day 7 days a week however as we are dependant upon third parties we cannot and do not provide 24 hours a day fault reporting or fault management.

13.5 You will provide us (or our agents) with access to the Premises to enable us (or our agents) to try to fix the Services. If an engineer visit has been arranged at a time pre-confirmed by you and the engineer is not able to access your Premises, you shall be liable for charges for this abortive visit. You shall also be liable for charges should the fault be caused by your negligence. Any such charges will be billed to you on your next billing date.

13.6 If we have arranged an engineer visit at a time pre-confirmed with you and you are without Service by reason of a fault with the Service, you may be entitled to claim back charges relating to the Service which have accrued during the period when the Service is unusable ("compensation") if we fail to keep that appointment with you. Any compensation will be calculated on a pro-rata basis in accordance with your Subscription fees only. Any compensation awarded will be payable solely as a credit against your next monthly invoice and in accordance with the following conditions:

13.6.1 the maximum compensation claimable for each line is £180 per annum;

13.6.2 compensation is payable entirely at our discretion and will be given as a gesture of goodwill not as an admission of liability;

13.6.3 save as otherwise provided in this agreement PlusNet's liability for any fault in the Service shall be limited to the compensation. You agree that payment of any compensation shall be in full and final settlement of any loss or damage suffered by you as a result of any failure to provide the Service.

13.7 Compensation cannot be claimed in accordance with clause 13.6 in the following circumstances:

13.7.1 you have not made a claim for compensation within 30 days of the fault being reported to us; or

13.7.2 the failure is due to an outage which is not isolated to your line, for example network wide outage; or

13.7.3 we suspend your Service in accordance with clause 12 or you are in breach of any term of the Agreement; or

13.7.4 through no fault on our part, we are unable to carry out any necessary work on your Premises; we are unable to gain access to your Premises; we are unable to agree an appointment date; the work is aborted; or we require information or assistance from you to prove the Service but are unable to gain this assistance or information.

13.8 If you elect to use another provider for some or all of your calls we may at our sole discretion decide to:

13.8.1 bar your use of IDA or CPS codes;

13.8.2 charge you a higher fee for your use of the Service;

13.8.3 terminate this Agreement; and/or

13.8.4 disconnect all or any part of the Service.

13.9 The Service will commence in accordance with clause 6.2 on the date of completion of the line transfer or activation. You will not be charged for the Home Phone product between the date of registration and the commencement of Service.

13.10 Broadband charges will occur independently of the Service during the activation period however the date for payment of any Chargeable Call charges and Subscription fees for the Service will be aligned once all services are activated to be the same as for the Broadband service.

14. PAYING OUR CHARGEABLE CALL CHARGES AND SUBSCRIPTION FEES

14.1 You must pay the Chargeable Call charges and Subscription fees for the Service at the price prevailing from time to time in the tariff list available online at www.plus.net/images/residential/voice/pdf/home_phone_tariffs.pdf

14.2 You are required to pay for the Service by Direct Debit only. We will also ask you to provide optional secondary payment details in the form of a debit or credit card. The secondary payment details will only be used in instances where we for any reason beyond our control are unable to take payment from your Direct Debit account or for you to make credit top ups. The purpose of the secondary payment details is to provide you with continuity of Service in the event that any Direct Debit payment is not made.

14.3 You undertake that the credit or debit card you use to make a purchase from us is your own card or if you are a Business your Business' card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any Services you order from us. We reserve the right to obtain validation of your credit or debit card details and process your payment before providing you with any Services.

14.4 We will invoice Services together with VAT, at the price prevailing from time to time in the tariff list available online at www.plus.net/images/residential/voice/pdf/home_phone_tariffs.pdf.

14.5 You understand and agree that if you fail to make payments of any sums due to PlusNet, whether under this Agreement or otherwise, as they fall due, we may suspend any service provided to you by PlusNet, whether the Service or otherwise, and in part or in full, until payment is received in full or may terminate this Agreement and/or any other agreement with you. If you later decide to resume any suspended or cancelled service, there may be a re-activation and administration charge where applicable, for which you will be liable.

14.6 Unless you notify us to the contrary, Services provided for an agreed period will automatically continue when the agreed period comes to an end. In these circumstances, you understand and agree that continuation of the Service will incur Chargeable Call charges and Subscription fees for the Services prevailing from time to time in the tariff list available online at www.plus.net/images/residential/voice/pdf/home_phone_tariffs.pdf unless you notify us in accordance with clauses 23 and 27.

14.7 Where we arrange for an engineer to visit your Premises for activation of the Service, or for resolution of a fault, you will be responsible for any costs incurred owing to any of the following:

14.7.1 an engineer attends an incorrect address as provided by you;

14.7.2 the site for installation does not meet the minimum requirements as agreed during the product registration;

14.7.3 an engineer arrives to carry out the installation at the address provided by you, but you no longer want the installation completed;

14.7.4 entry is refused to the Premises, or access cannot be gained, at the appointed time, as agreed between you and us;

14.7.5 you report a fault, an engineer attends your Premises, and discovers the fault is not caused by the Service provided by us;

14.7.6 your reported problem, following your request for an engineering visit, cannot be confirmed; and

14.7.7 when you cancel a request for an engineering visit later than 48 hours before the scheduled visit.

14.8 Interest payable on demand shall accrue from day to day on overdue amounts at the rate of 2% above the base rate of National Westminster Bank Plc together with VAT if applicable.

14.9 We will begin charging you for the Service from the date that the Service is activated or transferred. You will be charged as follows:

14.9.1 we will take payment for all Subscription fees in advance on your monthly invoice date;

14.9.2 we will provide you with a Call Allowance;

14.9.3 we will take payment for all Chargeable Call charges accrued in the month in arrears on your next monthly invoice date.

14.10 All invoices are available on-line at www.plus.net/plustalk/index.php?page=wlr_my_account. We do not send paper invoices therefore it is your responsibility to monitor your invoices via the supplied on-line tools.

14.11 If you exceed your Call Allowance in any month we may, subject to clause 12.6, suspend your Service by restricting or removing your ability to make outbound calls. We will send you emails to help you manage your account effectively.

14.12 You can make credit allowance top ups at anytime via the tools provided at www.plus.net/plustalk/index.php?page=wlr_my_account

14.13 Any over payments you make will be carried over to the following month.

14.14 As our billing system is not updated instantly, you may exceed your Call Allowance In the event that this happens you will be liable for all Chargeable Call charges you incur over and above your Call Allowance.

14.15 As part of our fraud prevention and credit management policies we may, from time to time, set up call barring on your Service. If this affects your use of the Service, you may ask us to remove this by contacting us however this will be at our discretion and may be conditional on a payment from you. We cannot and do not guarantee that call barring will be removed at once or within a particular time period.

14.16 We reserve the right to engage a third party debt collection agency in order to obtain any outstanding debt. Any additional charges generated as a result of this process will be payable by you.

14.17 You are not entitled to make any set-off of any sums due to you from PlusNet against any sums due to PlusNet from you, in either case whether such sums are due under this Agreement or otherwise.

15. PRODUCT, PRICING AND TARIFF INFORMATION

15.1 Full pricing information for the Service can be found at www.plus.net/images/residential/voice/pdf/home_phone_tariffs.pdf

15.2 Each Service has an inclusive Call Allowance which is subject to fair usage policies. Details of these fair usage policies can be found at www.plus.net/residential/phonecalls/home/index.shtml

15.3 Details of the Charges can be found at www.plus.net/images/residential/voice/pdf/home_phone_tariffs.pdf

15.4 To work out the cost of a call we:

15.4.1 record the day, time and type of the call to identify the appropriate call rate to apply;

15.4.2 round up the call duration to the nearest 6 second interval and multiply by the identified call rate;

15.4.3 round up the charge to the nearest penny (1p).

15.5 Full details of our call charging model can be found at www.plus.net/support/home_phone/info/billing_guide.shtml

16. USE OF THE SERVICE

16.1 You are responsible for checking your contractual obligations with your existing provider before registering for the Service. We shall not pay any termination or other charges levied on you by your existing provider.

16.2 You agree to pay all charges for the Service (including all Chargeable Call charges) whether you use it or someone else does and as soon as you are invoiced. PlusNet may, in its absolute discretion, require you to pay a deposit as security for the Subscription fees and the Chargeable Call charges.

16.3 If you take any other telephony services from another provider then you will be responsible to the service provider for the charges for such services.

16.4 You agree not to connect equipment to our network, including via a BT Master Phone Socket, that may harm it or other customers’ equipment. If you do you must disconnect such equipment immediately on request, or we or our agents may do so at your expense.

16.5 You accept that you do not own the phone number. You agree not to transfer either the number or the agreement to anyone else or try to do so.

16.6 You agree to follow any reasonable instructions that we may give you in connection with the Service. This includes giving us such access to your Premises as we may reasonably require.

16.7 You agree to use reasonable endeavours to get any permission needed from someone else, for example your neighbour or landlord if we have to cross their land or put our equipment on their premises.

16.8 You agree that you will be responsible for any equipment provided by PlusNet for use on your Premises. If any such the equipment is damaged you agree to pay for any repair or replacement.

16.9 You will not use the Service, and will take all reasonable precautions to ensure that no one (including you) uses the Service as follows ("inappropriate use"):

16.9.1 fraudulently or in connection with a criminal offence or in breach of any law;

16.9.2 to make offensive, indecent, menacing, nuisance or hoax calls

16.9.3 to cause annoyance, inconvenience or needless anxiety;

16.9.4 in an unlawful manner, in contravention of any legislation, laws, licence or third party rights; or

16.9.5 in a way that does not comply with any reasonable instruction that we have given you.

16.10 The Service must not be used in any way that:

16.10.1 does not comply with the terms of any legislation or any licence applicable to the Customer or that is in any way unlawful; and

16.10.2 does not comply with this Agreement or with any reasonable instructions given by us or any other public telecommunications operator or other competent authority.

16.11 You agree that a breach of any of the provisions in this clause will comprise a material breach of contract, which may lead to suspension of the Service or ending the Agreement, in accordance with clause 21. You agree to indemnify and hold harmless PlusNet against any expense, loss or damages that we might suffer by reason of any breach by you of this clause.

16.12 We may suspend your access to the Service or parts of the Service in accordance with clause 20, if we think that your use of the Service may:

16.12.1 impair the security of the system and/or the network used to provide the Service; or

16.12.2 cause detrimental performance of the Service to you or any other Customer.

16.13 If we do suspend your Service pursuant to clause 16.12 then we will if possible, give you prior notice.

17. CONTENT PROVIDED BY US

17.1 As part of the management of the Service, we may provide you with content, including applications, data, information, video, graphics, sound, music, photographs, software or any other material. This content may change over time.

17.2 The content we provide to you can only be used for your own purposes and may be protected by copyright, trademark and other Intellectual Property Rights. You are not allowed to copy, store, adapt, modify, transmit, distribute externally, play or show in public, broadcast or publish any part of the content.

17.3 Although we take precautions, we cannot guarantee the accuracy or completeness of the content. For this reason, your use of the content (for whatever purpose) is at your own risk.

17.4 Some of the content may have its own terms and conditions. These may be displayed online or elsewhere. If you access this content, you must comply with those terms and conditions. You should be aware that any content provided on a subscription basis as part of the Service will cease when this Agreement ends.

18. PRIVACY

18.1 In general, when you visit our websites and access information you remain anonymous. Before we ask you for information, we will explain how this information will be used. We will not provide any of your personal information to other companies or individuals without your permission or unless it is necessary to provide you with the Services you request from us. In particular we may need to provide your name and address to third parties that we use for the purposes of delivering specific Services to you.

18.2 Some of our sites require registration to access. There are also occasions where we will ask for additional information. We do this to be able to better understand your needs, and provide you with Services that we believe may be valuable to you.

18.3 We will take appropriate steps to protect your privacy. Whenever you provide sensitive information (for example, a credit card number to make a purchase) we will take reasonable steps to protect it, such as encrypting your card number. We will also take reasonable security measures to protect your personal information in storage. Credit card numbers are used only for payment processing and are not retained for marketing purposes.

18.4 Our websites may provide links to third party websites. Since we do not control these websites, you are responsible for reviewing and abiding by the privacy policies of these third party sites.

18.5 If you would like to change your preferences for the electronic communication you receive from PlusNet, click here.

18.6 Our websites use cookies for various reasons. Cookies enable us to provide you with a better experience by allowing us to understand what areas of the website are of interest to our visitors. We also use cookies when you register for one of our Services. In this situation, a cookie will store useful information that enables our website to remember you when you return to visit us. Cookies from our websites can only be read by our websites.

18.7 If you feel your privacy has been breached, you can contact us via the 'Help Assistant' tool or by email.

19. DATA PROTECTION

19.1 We do not capture and store any personal information about you, except where you choose to give us your personal details voluntarily when enquiring about ordering any of our Services. In these cases, the personal information you give is used exclusively by us for providing you with current and future information about our Services. We will not pass any of your personal data to outside organisations and/or individuals, except for the purposes of delivering specific Services to you or with your express consent.

19.2 Our websites monitor website traffic to help us improve our services. This information is not linked to any personal data so that visitors to our site remain anonymous.

19.3 You have a right to know about the personal information we hold about you. You also have a right to have your data corrected or deleted. If you want to know what personal data we hold, please give us details of the account you require information on and we will return the details to the registered account address.

19.4 Please address all your requests and/or queries about our data protection policy along with a cheque for £10 + VAT made payable to "PlusNet plc" and send it marked confidential by recorded delivery post to:

19.5 Data Protection Officer

PlusNet Plc
Internet House
2 Tenter Street
Sheffield
S1 4BY
UK

19.6 Your details will be sent within 40 working days of the funds clearing

20. BREACH OF AGREEMENT

20.1 We can suspend the Service in whole or in part, or end this Agreement (or both) at any time:

20.1.1 with immediate effect if you materially breach this Agreement or commit a series of non-material breaches of this Agreement;

20.1.2 with immediate effect if we have reasonable grounds to suspect that the Service is being used in a way described in clauses 16.2, 16.9 and 16.12, even if you do not know that the Service is being used in such a way;

20.1.3 upon reasonable notice if you breach this Agreement in any other way and fail to remedy the breach within a reasonable period of being asked to do so;

20.1.4 with immediate effect if bankruptcy or insolvency proceedings are brought against you, or you make an arrangement with your creditors, or a receiver or administrator is appointed over any of your assets, or you go into liquidation;

20.1.5 with immediate effect if we have terminated your use of any Service previously provided to you due to your breach; or

20.1.6 with immediate effect where the Service cannot be provided to the Premises requested by you.

20.2 If we have suspended or terminated this Agreement under sub-clause 16.9 above, we will inform you of such suspension or termination as soon as is reasonably possible and provide details of why this action has been taken.

21. MATTERS BEYOND OUR REASONABLE CONTROL
If we cannot do what we have promised in this Agreement because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees), we will not be liable for this. If the events continue for more than three months, we can terminate this Agreement immediately by giving you written notice. Please see paragraph 23 for your right to end this Agreement.

22. OUR LIABILITY TO YOU

22.1 Nothing in this Agreement shall exclude or limit our liability for death or personal injury caused by our (or our agent's or sub contractor's) negligence, our liability for fraud or fraudulent misrepresentation or any of other liabilities that cannot be restricted by law.

22.2 We have no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable by us when this Agreement starts, nor any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure, data being lost or corrupted, loss or damage incurred by you as a result of third party claims or any indirect, special or consequential loss or damage howsoever caused.

22.3 Any liability we have of any sort (including liability for negligence) is limited to £250,000 for any event or related series of events and £500,000 for all events in any 12 month period.

22.4 You will indemnify us against any claims or legal proceedings which are brought or threatened against us by a third party because the Service is used in breach of these Conditions.

22.5 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of other service providers, or for faults in or failures of their networks and equipment.

22.6 Each provision of this clause operates separately in itself and survives independently of the others.

23. ENDING THIS AGREEMENT

23.1 This Agreement can be ended by:

23.1.1 us giving one month's notice to you;

23.1.2 you giving one month's notice to us. Notice of termination will be deemed to include notice of transfer received by us from another service provider; or

23.1.3 you in accordance with clause 24.3.

23.2 If we give you notice, you must pay the Chargeable Call charges and Subscription fees applicable up to the end of that notice. If you give us notice, you must pay us the Chargeable Call charges and Subscription fees that would have been due within the notice period.

23.3 If you give us notice that ends, or we end this Agreement under clause 20, during the period of the Agreement, you must pay us the relevant cancellation charges set out in your Agreement.

23.4 Should you give us notice to terminate the Service before the end of a monthly billing period, we will not refund any Subscription fees paid in advance for that period.

23.5 The provision of the Service is conditional upon the Customer being a PlusNet Broadband Product customer. Should the agreement between you and PlusNet to supply the Broadband Product terminate for any reason at any particular time, the Service will terminate automatically at the same time and you shall pay us the relevant cancellation Charges set out in your Agreement.

24. HOW THIS AGREEMENT CAN BE CHANGED

24.1 Sometimes we may need to change our Charges, Subscription fees and the Conditions. If this is necessary:

24.1.1 You will be notified of any change made by us to the Conditions at least 30 days before it happens.

24.1.2 You will be notified of any change made by us to the Subscription fees at least 30 days in advance if we believe that the increase is likely to be to your significant disadvantage.

24.1.3 You will be notified at least 30 days in advance of any increase in Charges relating to UK geographic and non-geographic or UK mobile calls (as defined in the Product Description) if we believe that the increase is likely to be to your significant disadvantage.

24.1.4 You will receive notification of any other changes made to the Charges (for example, non-significant increases in UK geographic and non-geographic or UK mobile calls, premium rates, international numbers or Directory Enquiries) with your next bill.

24.1.5 We will publish details of all changes to Charges and Subscription fees in the tariff list available online at www.plus.net/images/residential/voice/pdf/home_phone_tariffs.pdf before they happen. It is your responsibility to check the tariff list regularly and keep up to date with our Subscription fees and Charges.

24.2 For changes we need to make to meet legal and regulatory requirements, we may be unable to meet the timescales detailed in 24.1. We will let you know about any such changes as soon as possible.

24.3 If we have made a change to your significant disadvantage, you may end the Agreement by giving us immediate notice within the 30 day notice period referred to in clause 24.1.

24.4 You may not make any changes to the terms of the Agreement.

24.5 If you continue to make use of the Service after a change has come into effect, you will be deemed to have accepted and agreed to the change.

25. HOW THIS AGREEMENT CAN BE TRANSFERRED
Neither we nor you can transfer this Agreement or any part of it except that we can transfer all or part of it to a company that is a subsidiary or holding company of ours, or a subsidiary of that holding company (all as defined by Section 736 of the Companies Act 1985 as amended by the Companies Act 1989).

26. DISPUTE RESOLUTION PROCEDURE
For details of the procedure to be used to resolve any disputes that may arise in relation to the Agreement, including complaints about the Service provided, please see our complaints procedure.

27. NOTICES

27.1 Any party wishing to give notice to the other under this Agreement must use one of the following mechanisms. No other form of communication will be accepted, unless specifically stated otherwise in this agreement:

27.1.1 To us: using the Help Assistant tool at www.plus.net or in writing to:

27.1.2 PlusNet Plc

Internet House
2 Tenter Street
Sheffield
S1 4BY
UK

27.1.3 To you: at the appropriate website using the Help Assistant tool or email to the address provided to you as part of the service or by post to the address provided by you in the Customer Order.

27.2 Any notice given by the Help Assistant tool or by email shall be deemed to be served on the day of transmission. In the case of written postal notice, notice shall be deemed to have been served on the date of acceptance by signature of the recorded delivery or 2 Working Days after the date of posting, whichever is sooner.

27.3 You are responsible for checking for email sent to the email address provided to you as part of the Service.

28. ERRORS AND OMISSIONS

28.1 We will make every effort to ensure that all prices and descriptions quoted on our website or in communications to you are correct and accurate. However, it is inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, we will be entitled to rescind the Agreement, notwithstanding that we have already accepted your order and/or received payment from you. Our liability in that event will be limited to the return of any money you have paid in respect of the order. In the case of a manifest error in relation to price, you will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by us through the Help Assistant tool after the manifest error has been discovered.

28.2 A "manifest error", as the term is used in clause 28.1 above, means, in relation to an incorrect price, a price quoted in error by us which you knew or should reasonably have known was quoted in error, for example, because the price was significantly lower than the usual market price for the Service in question and was not subject to a special offer.

29. WAIVER
Neither we nor you shall be considered to have waived any right under this Agreement because of failure or delay in exercising that right.

30. THIRD PARTY RIGHTS
A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This condition does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

31. GOVERNING LAW AND JURISDICTION

31.1 This Agreement and any matter arising from or in connection with it shall be governed by and construed in accordance with English law.

31.2 Each party irrevocably agrees to submit to the exclusive jurisdiction of the English courts over any claim or matter arising from or in connection with this Agreement or the legal relationships established by or in connection with such Agreement.

32. GENERAL

32.1 Nothing in these Conditions affects your statutory rights as a consumer.

32.2 If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.

32.3 This Agreement sets out the whole agreement between you and us for the provision of the Services and supersedes all prior arrangements, understandings, or agreements (whether oral or written) not expressly set out in the Agreement.

32.4 In this Agreement, unless the context otherwise requires or is otherwise specified:

32.4.1 the words "including" and "include" and words of similar effect shall not limit the general effect of the words before them;

32.4.2 reference to any agreement, contract, document or deed shall be considered as a reference to it as varied, supplemented or novated;

32.4.3 obligations undertaken by a party which comprises more than one person are made by them jointly and severally;

32.4.4 words importing persons shall include firms, companies and bodies corporate and vice versa;

32.4.5 words meaning the singular shall include the plural and vice versa;

32.4.6 words describing gender shall include either other gender;

32.4.7 construction of this Agreement shall ignore the headings, contents list and front sheet (all for which are for reference only);

32.4.8 references to a numbered clause, schedule, paragraph, or appendix are references to the clause, schedule, paragraph or appendix of or to these Conditions or an Agreement so numbered;

32.4.9 any reference to any legislative provision shall include any subsequent re-enactment or amending provision; and

32.4.10 communications referred to as "being in writing" shall, for the avoidance of doubt, include electronic communications and communications via the Help Assistant tool.