Terms & Conditions

Definitions

1. Service

This agreement covers the provision by Temi Telecom to you of our telecommunication services. We may vary these terms and conditions within reason, at our discretion at any time, by giving you not less than 30 days’ written notice in advance inclusive of the date of posting. Amendments to our terms or charges are also published on our website.

2. How we provide the Services to you

Temi Telecom provides services via WLR3 for telephone lines with Temi Telecom. WLR3 means that Temi Telecom will bill you for line rental of your landline and BT’s Openreach will continue to maintain your line and fix any faults that may occur. In all circumstances your phone line from the exchange to your premises will be continued to be maintained and repaired by BT’s Openreach.

You acknowledge that in order to avoid delays occurring in the ordering process, Temi Telecom will need to be notified by BT^TM of any products or services presently in use on your line that are incompatible with the WLR3 or NGN service. BT^TM or other network providers are under a strict duty not to disclose information about a customers’ telephone services to a third party unless the customer has consented to such disclosure. In entering into this agreement you give consent to BT^TM or other network providers to disclose such information to Temi Telecom. You also give Temi Telecom authority to act as your agent to arrange connection onto Temi Telecom services. If Temi Telecom is unable to take over the provision of your line rental, for whatever reason, you hereby authorise us to carry your phone calls only through CPS (see below).

Temi Telecom reserves the right to transfer part or all of your contractible services to a third party at any point during your contract.

3. Carrier pre-selection (CPS)

CPS is the routing of your calls through a carrier other than BT^TM. Your phone line(s) are still maintained by BT^TM engineers but the calls are carried on another network. We may select and at any time change your carrier or other service provider for the purposes of providing CPS. You hereby irrevocably authorize us to give all notices, nominations and other authorizations necessary for us to provide the CPS service.

4. Duration

The duration of the contract is 24 months. The duration is specified in the verification call and is included in your Confirmation of Order letter. Your contract will commence from the completion of your 10 working day cooling off period from the point of sale with Temi Telecom. We may end this contract without giving you notice if you break any of your obligations under 7 & 9. On termination of this contract for whatever reason, you agree to:

• Immediately pay any outstanding invoices
• Be responsible for any required engineering, reprogramming costs for you to use an alternative supplier. In addition, if you terminate this contract prior to the end of the contractual agreement specified in your verification call you will reimburse Temi Telecom for any costs incurred in releasing you from your contractual obligations with BT or any other network provider prior to transferring you to the Temi Telecom service, (if applicable).

5. Charges

Temi Telecom charges you for using the services covered by this agreement. You are charged at the rates specified on the confirmation call or those published in our Price List at www.temitelecom.uk/price-list

• Charges are calculated from data recorded by us and not from your own records.
• If we have not received payment by your bill due date, we may disconnect your telephone service. A charge of up to £20.00 will be added to your next bill to reinstate services suspended due to continued non-payment of an invoice.
• We may lower our prices and will endeavour to inform you at least 30 days in advance of any such change.
• All Temi Telecom charges are subject to VAT at the prevailing rate for both business and residential customers.
• Line rental, service charges and call packages are billed one month in advance.
• Select services are charged at the rate specified in our Price Lists.
• Temi Telecom do not hold responsibility for any termination charges issued by previous suppliers.
• Temi Telecom will charge you a £3.50 administration fee for payment tendered by means other than direct debit. If for any reason the customers direct debit does not clear, Temi Telecom will add a charge as detailed in the Price List at www.temitelecom.uk/price-list. Changes to direct debit information, or incorrect direct debit information will also result in an administration fee being charged.
• Temi Telecom will charge you £1.50 for bills sent by means other than E-billing as detailed in our Price List.
• If we send an engineer to your Premises, we may charge you our then current charges, or pass on to you the fees of any third party providers.
• We will charge you our then current charges if we provide you with any Temi Equipment.
• We may charge you a monthly maintenance charge depending on the Care Level we agree with you.
• If Temi Telecom is not paid under the agreed terms, then Temi Telecom may exercise its right to claim compensation for debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998.

6. Payment Terms

• Monthly variable direct debit is the preferred means of payment for Temi Telecom invoices and Temi Telecom reserves the right to refuse customers not wishing to pay by direct debit.
• You will be notified of any problems with your payments or direct debit instruction. Arrears and/or unwillingness to maintain payment by direct debit may result in your lines being suspended.
• In particular, if you fail to pay any sum due, we shall be entitled to charge interest on the amount due at the rate of four percent above the Bank of England base rate ruling from time to time calculated from the due date until collection.
• Cancellation of your direct debit does not constitute cancellation of your contract. Cancellation of your direct debit will result in an administration fee of £3.50, as stipulated in the Price List at www.temitelecom.uk/price-list.
• You are protected at all times by the direct debit guarantee.
• Temi Telecom reserves the right to perform a credit check with no prior given notice on any legal entity, and to pass the entities credit history with Temi Telecom on to other credit agencies and/or the county court.
• Temi Telecom reserves the right to request a deposit at any time, paid in advance, from the entity should periodical credit checks reveal insufficient credit scoring or County Court Judgments or if unusual usage and call charges are incurred. Should this request not be met within 30 days of notification by us we reserve the right to terminate this contract and to demand full and final settlement of any outstanding balances to be paid with immediate effect.
• Temi Telecom may, at its sole discretion at any time, impose a credit limit on your account. Any credit limit imposed can be amended without prior notice. If you exceed any such credit limit we may demand immediate payment of the charges and/or suspend the Service; and you will still be responsible for all charges incurred including those exceeding the credit limit.
• If a customer’s account remains unpaid (in any part) for a period of 30 days after the original due date for payment, Temi Telecom reserves the right to suspend the service, until the account is paid in full. We may also disconnect the service completely. Reconnection will incur additional charges as per the Price List at www.temitelecom.uk/price-list
• If any portion of your bill is in dispute, you must continue to make payments against the remaining amount whilst the dispute is under investigation or it may result in your lines and services being suspended.

7. Pricing

• All inclusive call packages available to businesses and residential customers include national and local calls only unless stipulated
• Local & national calls are numbers beginning with 01, 02, and 03 only and do not include Non-geographic numbers (0845, 0870 etc.), premium rate numbers (09 etc.), and internet access numbers.
• The inclusive minute allowances specified in your call price plans, will be deducted in one minute increments (with any part minutes rounded up to the nearest minute).
• All unlimited anytime call price plans are subject to our fair usage policy of of 1000 minutes. Call charges for calls outside of your inclusive minute allowances will then be rounded up to the nearest whole penny. In addition, a per call connection charge will apply
• In the event that you exceed the limits included in our fair usage policy:
• We will charge you our current call charges as described in our Price List at www.temitelecom.uk/price-list
• We reserve the right to switch you to a more appropriate tariff or call price planer to suspend the Services, or to terminate this agreement with immediate effect
• Mobile call rates refer to calls to all major networks.
• Fair usage policy applies to all unlimited call packages. Temi Telecom reserves the right to switch customers with excessive call volumes (e.g. telemarketers etc.), to a more appropriate tariff at any time.
• Connection charges will apply to all calls except to calls which are part of an inclusive call price plan or calls to free-phone numbers as specified in our Price List at www.temitelecom.uk/price-list
• If any part of a bundled service (e.g. phone and broadband) is cancelled, we will automatically apply to you our then current charges for any remaining services
• All prices can be found in our Price List at www.temitelecom.uk/price-list

8. Your Responsibilities

We agree to provide you with the service as specified on the confirmation call subject to the provisions of this agreement: You agree to:

• Use the service in accordance with this agreement, any instructions given by us from time to time and any laws, regulations and licenses which apply to the use by you of the services.
• Not to allow an alternative supplier to override or bypass our service either through the installation of equipment or through the BT local exchange.
• To be responsible for any reprogramming costs or equipment removal costs that may be required to terminate the service of any previous supplier.
• Not to use the Services in any way Temi Telecom considers is or is likely to be detrimental to the provision of the Services to you, or to the services we provide to any other Temi Telecom customers.
• Not to use the service to transmit any material which may be abusive, offensive, obscene, indecent, menacing, defamatory or which might cause annoyance, inconvenience or needless anxiety to anyone or to commit a fraud or other criminal offence.
• If you are on an unlimited Tariff, you shall not exceed the Temi Telecom fair usage policy, stated in 8(d).
• If you request and Temi Telecom agrees to a change of all part of the Services, or a change of the Premises where we provide the Services to you, you must complete such formalities as Temi Telecom shall require, giving effect to such change. You shall pay to Temi Telecom its then current charges to reflect such change of charges or Premises change. Temi Telecom may require payment prior to effecting such changes. Temi Telecom shall be entitled to revise the charges you pay to reflect the changes agreed with you.
• You are responsible for terminating, at your own expense, any contracts you may have with your previous suppliers for services similar to our Services.
• You shall terminate, at your own expense, any contracts you may have with your previous suppliers for services which are not compatible with our Services.

9. Repairs to Service

• We will use reasonable endeavours to provide an uninterrupted service, but you acknowledge and agree that from time to time faults may occur.
• We are not responsible for repairing and maintaining your landline. BT’s Openreach will continue to have responsibility for maintaining your landline and fix any faults that may occur. Furthermore, if you have broadband on the landline and we are not providing this service to you; your broadband provider is responsible for repairing faults at the exchange level. We may, at our sole discretion and where applicable, report the fault to the party responsible for the service.
• We will use reasonable endeavours to correct any defect or fault in our Services. To report a fault, please contact Customer Services between the hours of 9am to 6pm Monday to Friday.
• We will apply an engineering call out charge if we send an engineer to your premises and a fault or failure is on your own equipment, and not on Temi Telecom Equipment or Services, or is caused by accidental damage or if an engineering appointment is missed. Additional time related charges and replacement equipment costs may also be added.
• The speed with which faults are responded to on your line depends on its agreed Care Level. Details of care levels can be found on our website and are charged at different prices depending on speed of response.

10. Suspension of Service

We may suspend the service (without being liable to compensate you):

• In the event of a local or national emergency.
• To comply with a request from a government or other competent authority.
• To protect or provide service to rescue or other essential services or otherwise.
• To maintain the quality of our services or to upgrade the Services.
• If you fail to pay any amount due to us, (whether or not we have issued you with an invoice)
• If an event occurs that is beyond our reasonable control.
• If you materially breach any part of this agreement.
• If we have good reason to suspect fraudulent activity or misuse of our services or any other breach by you of this agreement.
• If bankruptcy or insolvency proceedings are brought against you, or if you make an arrangement with your creditors or if a receiver, an administrative receiver or an administrator is appointed over any of your assets or if you go into liquidation or a corresponding event under Scottish Law.

11. Cancelling your Service

• Temi Telecom will charge a disconnection fee if the line is ceased for any reason, charges may also apply as per the Price List at www.temitelecom.uk/price-list
• If you wish to end your contract before the duration of the 24-month term, you will be charged the cost of your monthly line rental and, if applicable, the cost of your monthly broadband package in advance up until the end of your contractual agreement date.
• If you’re a business and you cease trade for any reason, the termination charge will not apply, provided we receive 10 working days’ written notice, backed by a legal document.
• A cancellation reference number is given to every customer who requests to cancel within the transfer period. The customer must obtain a reference number from customer services for this request to be considered valid.

12. Moving Premises

• If you move premises you should give us as much notice as possible but not less than 21 days to give us enough time to make the necessary arrangements
• During a move, there may be some downtime on your line whilst work is carried out by BT’s Openreach. We will endeavour to keep any disruption to a minimum
• If we are able to transfer the service to your new premises, we will do so within the existing contract term. Charges as per the Price List may be applicable and you will be advised of this in advance. Please note that it may not be possible to retain the same telephone number. The Price List can be found at at www.temitelecom.uk/price-list
• If we are unable to provide service at your new premises, we will allow you to cancel your contract without penalty

13. Complaints

We make every effort to ensure that our customers are happy with the level of service they receive from us. However, despite our best efforts, things can go wrong. We take customer complaints very seriously and aim to resolve them quickly and efficiently. If you have a complaint about any part of our service, please contact our customer service team or refer to our Complaints Policy posted on www.temitelecom.uk/complaints-policy

14. Liability

• Neither of us will have to compensate the other for any detrimental event beyond the others reasonable control.
• In this agreement, “beyond reasonable control” includes any act of God, reduction or failure of power supply, other telecommunication operators and suppliers or their equipment including access lines, act or omission of national or local government authority, war, act of terrorism, military operation, riot or delay, employee dispute, or supply or equipment by third parties.
• In any event, we will not have to compensate you for any harm to your business, lost revenues, loss of anticipated savings, lost profits or other indirect, consequential or special losses nor for any charges incurred by you with another call carrier.
• Without prejudice to this our liability to you in contract or tort arising under or in connection with this agreement shall be limited to a refund of our line rental charges for the period during which you were unable to use the services and in no event shall our liability to you for any event or series of connected events exceed five hundred pounds. We do not limit our liability for death or personal injury resulting from our negligence.

15. General

You may not transfer this agreement or any rights under it without our prior written consent. If any provision or condition of this agreement shall be invalid or unenforceable, the remaining terms shall continue to apply. This agreement and the documents referred to in it represent the entire contract between us, to the exclusion of any terms subject to which you may accept, or purport to accept, the service. Any variations (other than changes made in accordance with this agreement), shall be accepted by both of us in writing. Any failure by either of us to enforce any right shall not be deemed a waiver of any such right. The English Courts shall have exclusive jurisdiction for the purposes of determining any dispute or other matter which arises out of or in relation to this agreement. Any notice or other communications by us to you will be made to your current billing address held with Temi Telecom and shall be valid and effective as soon as sent to you whether received by you or not. Any communications by you must be sent to our address and must quote your account number and shall not be effective until received by us.

16. The Direct Debit Guarantee

• This guarantee is offered by all banks and building societies that take part in the direct debit scheme.
• The efficiency and security of the Scheme is monitored and protected by your own bank or building society.
• If the amounts to be paid or the payment dates change Temi Telecom will notify you 10 working days in advance of your account being debited or as otherwise agreed.
• If an error is made by Temi Telecom or your bank or building society, you are guaranteed a full refund from your branch of the amount paid within 7 days
• If you receive a refund you are not entitled to, you must pay it back immediately when Temi Telecom asks you to.