Terms and Conditions (Telephony)

Definitions

The terms “you” and your” refer to the Customer for our Services.

The terms “we” and “our” and “us” refer to FeedbackFans.com

Equipment: refers to any items of hardware or software that we supply to you.

Services: refers to the services which are listed in the Quotation document to which these Terms and Conditions are attached.

Contract period

Each of the services which we have quoted for above is subject to a minimum period of contract as specified in the table below.

The contract period for each service takes effect from the date when we send you our first month’s invoice for that service.

Consequences of early termination of Services

If you terminate any of the Services which you have agreed to pay for before the minimum contract period ends for that service then we will charge you a Cancellation Fee. The Cancellation Fee will be calculated as the total remaining fixed monthly charges which would otherwise have been payable up to the end of the end of the minimum contact period for the Service which is cancelled.

Important limitations of VoIP services

The VoIP telephone service relies on the reliable operation of your internet connection to make and receive good quality telephone calls and it relies on mains electrical power to operate the telephone equipment. The quality of telephone conversations is dependent on the performance and capacity utilization of your internet connection. These are factors that are beyond our control. We do not guarantee quality of service.

You will not be able to make or receive telephone calls through our equipment in the event of a power failure or in the event of an internet failure. We advise you to make provision for alternative ways of making telephone calls particularly to the emergency services in the event of power failure or internet failure.

Payment terms

We invoice you for your routine monthly usage service charges in advance on the first working day of each month. We will invoice you for your advance usage charges in your first part month of service, on a pro-rata basis, upon completion of your system installation.

Call charging policies

All call costs outside a fixed-price call package are rounded up to the nearest 1p per call.

Price changes

We will not increase our monthly prices for any Services, other than for international call charges, for at least 12 months after we start supplying the services.

We may increase or decrease our charges for international telephone calls at any time, as wholesale market prices change.

After the first 12 months of providing services for you, we have the right to increase our prices, no more than once per year, by the prevailing rate of retail price inflation or by 5% whichever is greater).

We will notify you of any increase in our prices in writing at least two calendar months in advance of the new charges being applied.

Invoicing & payment arrangements

We will normally invoice you for routine monthly usage charges on the first working day of each calendar month. For all fixed-price services, we invoice for your planned usage in the current month. We invoice for your call charges in arrears.

We will send invoices via email to an email address nominated by you.

It is a condition of service that you authorise a Direct Debit mandate so that we can collect payments from your bank account directly unless we have agreed an alternative payment method with you in writing. In exceptional circumstances we may waive this condition at our discretion by written negotiation with you prior to us delivering any Services to you.

We have the right as permitted by UK contract law to apply a late payment penalty for all invoices which are not paid in full by their due date. The late payment penalty is a statutory charge which is currently fixed at £40.

We have the right to suspend or terminate your telephone service if you fail to pay for the service. We will send a reminder by email if an invoice remains unpaid for more than 21 days following the invoice issue date. We will issue a second reminder after a further 7 days then a final warning after a further 7 days. If the invoice remains unpaid 7 days after our final warning, we have the right to suspend your telephone service and prevent you from making or receiving calls through our network without further notice unless we reach agreement with you on a satisfactory payment arrangement.

If you wish us to reinstate your telephone service after a period of suspension, we will charge you a reconnection fee of £60 which you must pay in advance.

Provision of after-sales support

We provide after-sales support for all the services which we supply to you.

During our normal office hours (08:30 – 17:30, Monday to Friday), we provide a full support and maintenance service which includes:

Responding to requests for help and advice.

Making changes to your system configuration.

Provisioning any new equipment which we have supplied to you.

Fixing faults in our network or in your equipment which prevent you from making or receiving telephone calls or from accessing the internet.

Outside our normal office hours, and on public holidays, we provide a restricted support service to respond to emergencies only. We define an “emergency” as a situation which prevents you from making or receiving any telephone calls.

Ownership of the Equipment

If we have supplied telecommunications Equipment to on a rental agreement, this Equipment remains the property of FeedbackFans.com until the end of the rental term.

Cancellation of your order prior to the delivery of Services

Your signed acceptance of our written Quotation or your signature on an Order Form constitutes an Order for us to supply you with the products and services which are described on the Quotation or Order Form.

You have the right to cancel or amend the Order prior to the delivery of any products or services if you inform us in writing before the point-of-no-return (PONR) date for the delivery of the specific products or services. Services cannot be cancelled under any circumstances after the PONR date and you remain liable for the full cost of provisioning and operating these services after they have been supplied.

The PONR date is one full working day prior to the proposed delivery date for each specific service.

We will apply charges for amending or cancelling some services prior to the PONR date as per the table below.

Additional terms & conditions which apply to the provision of leased lines

Leased line installation charges

The quoted installation charge is subject to change depending on the outcome of an engineering survey of the site. The survey may identify the need for additional works at extra cost. If that is the case, we will advise you of the additional costs for your approval. If you are not prepared to pay the proposed extra charges, you have the right to cancel the order without penalty.

Internet router

The quoted installation charge includes the supply and installation of a media conversion device but does not include the costs for supplying, configuring and installing an internet router. Unless our quotation explicitly incudes the supply and installation of a router, then you will have to buy a suitable internet router and make separate arrangements for its installation.

Implications of cancelling the order

You can cancel an order for a leased line without penalty at any time until the formal engineering survey is carried out. If the engineering survey indicates additional costs which you are not willing to pay, then you can cancel the order at that point without penalty. In all other circumstances, we will charge you a cancellation fee of £1,500.

Leased line contract length

The contract length which is specified in our quotation applies from the date of installation of the leased line.

Ownership and rights of use of your telephone numbers

The telephone numbers which we allocate to you, or which we import from another telephone services provider on your behalf, are owned ultimately by Ofcom. You have the unconditional right to use your telephone numbers for as long as you continue to trade.

We have the right to take your numbers out of service and to return your numbers to Ofcom if you cease to trade or if your business entity is stuck off the register at Companies House or, if you are a private citizen and you are declared bankrupt.

You have the right to transfer your telephone numbers to another service provider or to another person or business entity if these numbers are in service and if do not owe us money for the provision of telephone services. If you wish to transfer your numbers to another party, you will need to sign a Letter of Authority which we will send you. If you are business entity registered at Companies House, a Director or Partner who is currently serving in the business must sign the Letter of Authority.

We have the right to refuse your requests to transfer your telephone numbers to another service provider if you owe us money for overdue invoices which we have sent you the provision of telephone services.

Data protection

We comply with all national Data Protection laws. We will never pass any information about you or your business to any other organisations without your permission.

Limitation of Liability

We are not liable under any circumstances for any consequential financial loss which you might incur as a result of any failure of our telephone services or a as a result of failure of any of our telephone equipment.