Terms & conditions

Lines and Calls

These phone service 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.

This agreement is for the supply of line rentals and the routing of all calls. Pink Connect will not accept partial traffic. We do bar by default all Premium Rate calls as a matter of precaution, to prevent customers from exceeding call spent. Other services might be added to this agreement. All Terms and Conditions for these and other services are available in full on our website: www.pinkconnect.com.

2. Things we may have to do

2.1 We may have to do some things that could affect the Service.

2.2. If we have to interrupt the Service we will restore it as quickly as we can.

2.3 Occasionally we may have to:

2.3.1 change the code or phone number or the technical specification of the Service for operational reasons;

2.3.2 interrupt the Service for operational reasons or because of an emergency;

2.3.3 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, billing 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

Pink Connect will provide the service with the reasonable skill and care of competent telecommunication service provider including how best to provide the service at any site. 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 It is impracticable to provide a completely fault or error free service and Pink Connect does not undertake to do so. 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 to comply.

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 your equipment is faulty 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.

9. Paying our charges for the Service

9.1 Charges

9.1.1 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.

9.1.2 If someone makes a Call without your knowledge, from your side of the main telephone socket, you will have to pay for the Call.

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 service.

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

9.5.1 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 minimum Period, except in circumstances where we send you a bill because you have exceeded your Call Level.

9.5.2 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.

9.5.3 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 as these become due, which will normally be 10 working 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:

9.6.1 We will add a late payment fee to the account as detailed in our price list

9.6.2 Normal monthly rental will continue to be charged during any period of disconnection.

9.6.3 You may be charged a fee for reconnection to our services. Any such fee will be subject to VAT.

9.6.4 We may, at our discretion, require a deposit prior to reconnection.

9.6.5 We may, at our discretion, refuse to reconnect the service, at which point early termination charges will apply.

9.7 How you must pay – All payments are to be made by direct debit only; the direct debit mandate is available at bottom of your Customer Service Agreement or separately upon request.

9.8 Billing Queries – Save for the sums validly disputed under Clause 9.9, the customer shall not be entitled by reason of any set-off or deduction to withhold payment of any amount due to Pink Connect Ltd without the prior written agreement of Pink Connect Ltd.

9.9 Invoice Queries – In the event that the customer acting in good faith wishes to dispute an invoice, or any part of an invoice issued by Pink Connect Ltd, it must do so within 60 days of the date of the invoice, providing reasonable details of the dispute to allow Pink Connect Ltd to investigate, after which time it shall be precluded from raising any such dispute.

9.10 Without prejudice to any other rights that Pink Connect Ltd may have under this agreement or any Service Schedule, if the customer’s direct debit is dishonoured or cancelled, Pink Connect Ltd shall be entitled to pass on to the customer an administration fee and any ancillary third party charges. Pink Connect shall also be entitled to charge the customer a reasonable monthly administration fee (and any ancillary third party charges) for each month in which the customer’s direct debit is dishonoured or not reinstated following cancellation.

10. Your other responsibilities

10.1 Connecting and using your equipment with our network

10.1.1 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.

10.1.2 Equipment must only be used with our network in a way that meets the relevant standards and your license. If your equipment does not meet 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

10.4.1 If our engineers, contractors or suppliers 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.

10.4.2 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:

10.6.1 To make offensive, indecent, menacing, nuisance or hoax calls;

10.6.2 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 Pink Connect Ltd and signing this contract. Pink Connect Ltd will not be liable for any cancellation fees from your previous supplier(s).

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 Pink Connect Ltd and not failure from any of our suppliers. 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 Neither party excludes or restricts its liability under this Contract for death or personal injury caused by its own negligence or that of its employees, subcontractors or agents or to any extent not permitted by law.

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 Pink Connect Ltd’s part or by Pink Connect Ltd 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 6 month period to £6,000 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 (Openreach or others) to satisfactorily perform their obligations to Pink Connect Ltd.

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:

13.1.1 you break this agreement or any other agreement you have with us for telephone (including payphone), ADSL or private service and fail to remedy the breach within a reasonable time of being asked to do so;

13.1.2 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;

13.1.3 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 13.1.4 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.

13.2 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.

13.3 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.

13.4 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.

13.5 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.

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. Alternatively we may ask you to sign a new agreement.

14.2 Conditions - We can change the conditions of this agreement including our charges at any time. The increased Charges will apply to all Services provided after the effective date of the notice of increase. We will publish any change on www.pinkconnect.com at least 30 days before it takes place or as much notice as is reasonably practicable. We will inform you with your next bill if there has been a material change to your 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:

17.1.1 One month's written notice from us to you; or

17.1.2 One month’s written notice from you to us. This notice must be received in writing by Pink Connect Ltd 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 50% 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.

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.

17.7 Having given notice in writing and having received confirmation from Pink Connect that notice has been received, you must instruct your new service provider to transfer lines at the end of the 30 day notice period. It is the responsibility of the customer to ensure their new service provider transfers their lines and services within 30 days following the end of the notice period.

17.8 If the lines and services are not transferred within 30 days of the end date of the contract, the contract will be deemed to roll over to a further 12 month period.

17.9 If the customer serves notice to terminate the agreement then this shall also be deemed notice to terminate all Service Schedules then in force notwithstanding any committed periods therein. If the customer serves notice to terminate the agreement pursuant to Clause 17.1.1 the customer hereby accepts liability for any early termination payments arising under any Service Schedule(s) as a result of such termination.

18. How to give notice

18.1 Any notice given under this agreement must be delivered on headed paper by hand or sent by facsimile or prepaid post as follows:

18.1.1 to us at the address shown on the Customer Services Agreement form or on your last bill.

18.1.2 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 set out the whole agreement between you and us for the Service.

19.2 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.