Terms & Conditions
for pinkconnect
For Terms and conditions for internet service click here.
These Terms and Conditions apply to new and existing customers.
The
Service we promise to provide:
1. What the Service is
The Service we (Pinkconnect) supply to you (our Customer)
is the ability to make or receive a Call (or both). The Service
does not include any phones or other equipment that we may supply
to you under a separate agreement. In providing the Service, we
promise to use the reasonable skill and care of a competent telecommunications
service provider.
2. Things we may have to do
2.1
We may have to do some things that could affect the Service. These things are
listed in paragraph
2.2.
If we have to interrupt the Service we will restore it as quickly as we can.
2.2
Occasionally we may have to:
(a)
change the code or phone number or the technical specification of the Service
for operational reasons;
(b)
interrupt the Service for operational reasons or because of an emergency;
(c) give you instructions that we believe are necessary
for health or safety or for the quality of the Service that we supply
to you or to our other customers.
3. Phone number
3.1
You have no right to sell or to agree to transfer the number provided to you
for use with the Service and you must not try to do so.
3.2 Nobody must advertise the phone number for the Service
in or on a Phone Box without our consent, and you must make sure
that this does not happen. The action that we can take if this happens
is explained in paragraph 13.4. We will however give you written
notice before taking any such action.
4. The Phone Book and Directory Enquiries
4.1 We will put your name, address and the phone number for
the Service in The Phone Book for your area and make your phone
number available from the Directory Enquiries Service, as soon as
we can. However, we will not do so if you ask us not to.
4.2 If you want a special entry in The Phone Book you must
let us know. Where we agree to a special entry you must pay an extra
charge and sign a separate agreement for that entry.
5. Call Monitoring
We may occasionally monitor and record calls made to or by us
relating to customer services and telemarketing. We do this for
training purposes and to improve the quality of our customer services,
including complaint handling.
6. Use of your information
6.1
We will use the information we have about you and your use of the Service for
marketing purposes. However, we will not do so if you ask us not to.
6.2 For your information we process your billing data and information about your use of Pinkconnect's service (this includes information about your bill size, the numbers you call and the times you call) for marketing our own telecommunications products and services. This allows us to better inform you about products, services, pricing packages and special offers which we provide and which we believe may be of particular interest to you. WE DO NOT DISCLOSE THIS INFORMATION TO ANYONE ELSE. We need your consent to continue to give you all the benefits that this processing provides and will assume we have it, unless you tell us otherwise by writing to us at Connect House, Mill Street, Shipston on Stour, Warwickshire, CV36 4AN or any other address we give you.
7. When we will provide the Service
We will use best endeavour to provide you with
the Service by the date we agree with you. If we do not, compensation
will only be offered if the failure to meet dates was caused by
obvious neglect on PINKCONNECT'S part and if there is evidence that
best endeavour was not made to comply.
8. Repairing faults
8.1
We cannot guarantee that the Service will never be faulty. However, we will
always make best endeavour to put right a failure of the Service within
acceptable time limits. If we do not, compensation will only be offered if the
failure to do so was caused by obvious neglect on PINKCONNECT'S part and if
there is evidence that best endeavour was not made.
8.2
We will work on any fault that is reported to us according to the repair
service we have agreed to provide to you. These repair services are explained
in our Price List.
8.3
When we agree to work on a fault outside the hours covered by the repair
service that we provide to you, you must pay us the extra charge set out in our
Price List.
8.4 If you tell us there is a fault in the Service
and we find either that there is not or that someone at your premises
has caused the fault, we may charge you for any work we have done
to try to find the fault or to repair it. Our charges for this are
set out in our Price List.
What you agree to do
9. Paying our charges for the Service
9.1
Charges
(a)
You must pay the charges for the Service as set out in our Price List. This
applies whether you use the Service or someone else does. We can change the
charges as explained in paragraph 14.2.
(b)
If someone makes a Call without your knowledge, from our side of the main
telephone socket, you will not have to pay for the Call, unless we prove that
you could have taken reasonable steps to prevent the Call being made.
9.2
Rental
You must pay us rental from the day we supply
the Service for the full period of the contract (60 months unless otherwise stated in the contract variation boxes at the top of the agreement). We will usually ask you to pay the rental in advance.
The rental will depend on how we classify your line. The classifications
are explained in our Price List. If we supply you with temporary
Service, you may have to pay the rental in advance for the whole
period that you want the ervice.
9.3
Calculating the Call charges
We will calculate the charges for Calls using the details
recorded at the telephone exchange.
9.4
Bills
We will send you your first bill shortly after we provide
the Service. We will send you further bills every month, but we
may send you a bill at any time. We will include all charges on
your next bill where possible,
and in any event as soon as we can. We will send bills to the address
you ask us to. 9.5 Payments in advance, deposits and Call Levels
(a) We may ask you for a payment before one is normally
due. This will not be more than the connection charge and rental
for the
inimum Period, except in circumstances where we send you a bill
because you have exceeded your Call Level.
(b) We may ask for a deposit at any time, as security for
payment of your bills if it is reasonable for us to do so.
(c) We may decide a Call Level is no longer necessary. We will inform
you of this.
9.6 When you must pay You must pay all charges
and rental as soon s these become due, which will normally be 10
days from date of invoice. Deposits are payable upon request. If we have not received payment of your bill by the due
date, we may disconnect your telephone service. If this is necessary,
the following conditions will apply:
a) Normal monthly rental will continue to be charged during any
period of disconnection.
b) You may be charged a fee for reconnection to our services.
Any such fee will be subject to VAT.
10. Your other responsibilities
10.1 Connecting and using your equipment with our network
(a) You may only connect phones, extension wiring, sockets
or other equipment to our network using a main telephone socket
that we have fitted and maintain, unless we agree otherwise. We
may end any such agreement after giving you reasonable notice.
(b) Equipment must only be used with our network
in a way that meets the relevant standards and your license. If
your equipment does not eet those standards or your license, you
must immediately disconnect it, or allow us to do so at your expense.
If you ask us to test your equipment to make sure that it meets
those standards or your license, you must pay us the charge set
out in our Price List.
10.2
Supplying a place and electricity for our equipment
We may have to place equipment on your premises to provide
you with the Service. You must provide a suitable place and conditions
for our equipment. If we have to supply equipment that needs a continuous
mains electricity supply and connection points, you must provide
them where we need them at your own expense.
10.3 Preparing your premises
You
must prepare your premises before we arrive according to any instructions that
we give you. When our work is completed, you will also be responsible for
putting items back and for any necessary re-decorating.
10.4
Entry to your premises
(a) If our engineers have to enter your premises you must
let them do so as long as they show their Identity Card. PINKCONNECT
will meet your reasonable requirements about the safety of people
on your premises and you must do the same for us.
(b) If we need someone else's permission to cross or put our equipment
on their premises, you must get that agreement for us and make any
necessary arrangements.
10.5
Damage
Nobody
must tamper with our equipment that is on your premises. If anyone does and
there is any damage to or loss of our equipment, you must pay the charge in our
Price List for any necessary repair or replacement.
10.6
Misuse of the Service
Nobody must use the Service:
(a) To make offensive, indecent, menacing, nuisance or hoax calls;
(b)
Fraudulently or in connection with a criminal offence;
And
you must make sure that this does not happen. The action we can take if this
happens is explained in paragraph 13.4. If a claim is made against us because
the Service is misused in this way, you must reimburse us in respect of any
sums we are obliged to pay.
10.7
Indemnity
If you use the Service for business purposes,
you must indemnify us against any claims that anyone (other than
you) threatens or makes against us because the Service is faulty
or cannot be used by them. 10.8 You are responsible for checking
that you are not currently in a contract term with any other supplier(s)
before changing over to Pinkconnect. Pinkconnect will not be liable
for any cancellation fees from your previous supplier.
If
things go wrong
11. If we break this agreement
11.1 We accept liability for being late in providing the Service
or repairing a failure of the Service, or for failing to keep an
appointment only where this failure can be proved to be down to
obvious neglect of duty on the part of PINKCONNECT. This liability
is unless for a reason covered by paragraph 12. However, our liability
is limited as set out in the Customer Service Guarantee and in this
paragraph 11.
11.2
We do not accept liability if you are injured or die as a result of our or our
suppliers? negligence.
11.3 Our liability under this agreement for
a failure in provision of the Service or the Service itself is limited
to failures caused by obvious or wilful negligence on PINKCONNECT's
part or by PINKCONNECT not showing best endeavour to meet agreed
criteria. This does not affect our liability if we are negligent.
11.4
We have no liability for any loss that is not reasonably foreseeable, nor any
loss of business, revenue, profit, or savings you expected to make, wasted
expense, financial loss or data being lost or harmed.
11.5
Any liability we have of any sort (including any liability because of our
negligence) is limited to £1,000 for any one event or any series of related
events, and in any 12 month period to £10,000 in total.
11.6 Each part of this agreement that excludes
or limits our liability operates separately. If any part is disallowed
or is not effective, the other parts will continue to apply.
12. Matters beyond our reasonable control
If we cannot do what we have promised in this agreement because
of something beyond our reasonable control such as lightning, flood,
or exceptionally severe weather, fire or explosion, civil disorder,
war, or military operations, national or local emergency, anything
done by government or other competent authority or industrial disputes
of any kind, (including those involving our employees), we will
not be liable for this. Also beyond our control is the failure of
the owner of the network (PTO) to satisfactorily perform their obligations
to PINKCONNECT
13. If you break this agreement
13.1 We can suspend the Service or end the agreement (or both)
at any time without telling you if:
(a)
you break this agreement or any other agreement you have with us for telephone
(including payphone), telex or private service and fail to remedy the breach
within a reasonable time of being asked to do so;
(b)
we believe that the Service is being used in a way forbidden by paragraph 10.6.
This applies even if you do not know that the Calls are being made or the Service
is being used in such a way;
(c) bankruptcy or insolvency proceedings are
brought against you, or if you do not make any payment under a judgment
of a Court on time, 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. If your agreed Call Level is reached
before your next Monthly bill is sent to you, we will inform you
of the amount you have spent and agree any necessary action. If
you have a limited payment history for the Service (less than 3
bills received and paid in full) we may also restrict your ability
to make outgoing calls pending payment of charges accrued on our
billing system.
13.3 If you miss a payment, we will not suspend the Service
or end the agreement until 7 days after the payment was due. However,
if we suspend the Service and you miss another payment during the
12 months after we provide the Service again, we may then suspend
the
Service or end the agreement (or both) 7 days after the payment
was due.
13.4
If we suspend the Service, we will not provide it again until you do what you
have agreed, or satisfy us that you will do so in future or that the Service
will not be used in a way that is forbidden by paragraph 10.6.
13.5 If we suspend the Service because you break this agreement,
the agreement will still continue. You must pay us rental until
we end the agreement by giving notice under paragraph 13.1 or you
or we end the agreement by giving notice under paragraph 17.1.
13.6 It is agreed that in the event of non-payment of an outstanding
invoice at the due date, interest pursuant to the Late Payment of
Commercial Debts (Interest) Act 1998 as amended and supplemented
by the Late Payment of Commercial Debts Regulations 2002 and any
subsequent amendment thereafter will apply at the rate of 8% above
the reference rate of the Bank of England Base Rate.
The same interest rate will apply contractually in the case
of non commercial customers. The costs incurred by Pink Connect
Limited for pre and post litigation recovery in respect of any outstanding
debt shall be borne by the customer and not limited to fixed court
fees and costs.
Changing
and ending the agreement
14. Changing the agreement
14.1 In general
If
you ask us to make any change to the Service we may ask you to confirm your
request in writing. If we agree to a change, this agreement will be changed
when we confirm the change to you in writing.
14.2
Conditions
We can change the conditions of this agreement including
our charges at any time. We will publish any change on www.pinkconnect.com
at least 2 weeks before it takes place. We will inform you with
your next bill if there has been a material change to our liability.
15. Transferring the agreement
You cannot transfer or try to transfer this agreement or any part
of it to anyone else.
16. Cancelling the Service before it
is provided
You may cancel Service any time up to the point of provision. However,
if you have ordered Service for business use you must pay for any
work we have done or money we have spent details of which can be
found on our price list and which will be notified to you.
17. Ending the agreement after the Service is provided
17.1 This agreement, or the supply of the Service, can be ended
by:
(a)
One month's notice from us to you; or
(b)
One months written notice from you to us. This notice must be received in writing by PINKCONNECT
at least one month before the end date of the agreement (normally 60 months from date of agreement).
If notice is not received within this time schedule then the agreement will
automatically enter into a subsequent minimum one-year term after which these
termination conditions will continue to apply.
17.2
If we give you notice you must pay rental up to the end of that notice.
17.3
If you give us notice that ends during the minimum period of 60 months (unless otherwise stated in the contract variation boxes at the top of the agreement) other than because we have increased our charges or materially changed the conditions of this agreement to your detriment, you must pay us the relevant cancellation charge set out in our price list. For the sake of clarity, you must pay line rental until the final termination date of the agreement, plus 20% of the average call spend for the previous three months, for each unexpired month of the contract.
17.4 If you have paid any rental for a period after the end of the agreement, we will either repay it or put it towards any money you owe us. This is subject to termination being within the conditions set out in paragraph 17b.
17.5 You must pay
all charges for the Service until the date on which we stop providing
the Service to you.
17.6
We can end this agreement at any time without telling you if paragraph 13.1
applies.
The other things we need to tell you
18. How to give notice
Any notice given under this agreement must be delivered by hand
or sent by facsimile or prepaid post as follows:
(a)
to us at the address shown on the Customer Services Agreement form or on your
last bill.
(b) to you at the address you have asked us to send bills
to.
19. Other documents
19.1 These conditions, the documents referred to in them and
the Customer Service Agreement form set out the whole agreement
between you and us for the Service.
19.2 Our Price List contains explanations, definitions,
notes and conditions which form part of this agreement. You can
see a copy of our Price List or obtain copies of the relevant pages
from our website.
20. Third Party Rights
A person who is not a party to this agreement, has no right
under the Contracts (Rights of Third Parties) Act 1999 to enforce
any term of this agreement, but this does not affect any right or
remedy of a third party which exists or is available apart from
that Act.
21. Explanations of certain words
"Call"
means a signal, message or communication which is silent, spoken or visual on
each line that we agree to provide to you under this agreement.
"Call
Level" means the sum of money, you agree with us, you expect to spend on
Call Charges during the period covered by your bills.
"your
equipment" means equipment that is not part of our network and which you
use or intend to use with the Service.
"failure
of the Service" means the continuous total loss of the ability to make or
to receive Calls or the continuous total loss of a related service.
"your
licence" means the licence (granted under Section 7 of the
Telecommunications Act 1984) that authorises you to run your telecommunications
network.
"your
line" means a connection to our network.
main
telephone socket'' means the point where your equipment is connected to our
network which is called the Network Termination Point in your licence.
"Minimum Period" means the first 60 months of the Service or the period set out in the contract variation boxes at the top of the contract.
"our
network" means PINKCONNECT's chosen public switched telecommunications
network.
"your
premises" means the place where the Service is or will be provided.
"relevant
standards" means the standards designated under Section 22 of the
Telecommunications Act 1984.
"Service"
means all or part of the Service explained in paragraph 1 and any related
services listed in our Price List that we agree to provide to you under this
agreement.
"we"
and "us" means Pink Connect Ltd "Pinkconnect"
"working day" means Monday to Friday 9am to 5.30 pm not including Public Holidays.
"you"
means the customer we make this agreement with. It includes a person who we
reasonably believe is acting with the customer's authority or knowledge.
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