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Call Flow Solutions Ltd Suite 2 Branbridges Ind Est Branbridges Call Flow Solutions Ltd Suite 2 Branbridges Ind Est Branbridges Road, East Peckham Kent, TN12 5HF 0800 280 0590 www.callflow.co.uk Copyright Call Flow Solutions Limited© 2016. All rights reserved. Registered in England and Wales. Company Reg No. 4366668 UPDATED 15th June 2016 STANDARD TERMS AND CONDITIONS 1. SERVICE 1.1 In this agreement "Service" means the provision of the CFS Broadband Internet service via copper line, radio and any other deployed technologies, with the exception of a Satellite solution. Call Flow Solutions Ltd (“CFS”) of Suite 2, Ground Floor Office, Branbridges Industrial Estate, Branbridges Road, East Peckham, Tonbridge, Kent TN12 5HF agrees to provide the Service to the Customer and the Customer agrees to use the Service on the terms set out in this Agreement. 2. DURATION 2.1 The Agreement shall come into force on and with effect from the broadband activation date. 2.2 There is an initial contract as described on the order form on all broadband services (at the original installation address only – this agreement is not transferable to a new address) 2.3 No minimum contract is applied to a customer line rental agreement, except in the instance where a customer’s line is converted at the point of transfer to CFS from a previous LLU provider who had unbundled the customer’s telephone line off of the BT network. In this circumstance, the contact length as signed on the order form applies to both broadband and line rental services. 2.4 Customers cannot downgrade to a lower usage package but can upgrade to a higher usage package. 3. TERMINATION 3.1 If the Customer wishes to cancel this Agreement in whole or in part at any time, prior to connection or after the initial contract term, CFS require a month/30 day period of notice in writing. If the customer cancels the contract within the initial contract period, the balance of payments (i.e. to the full contract period) shall be payable to CFS. The customer’s statutory rights are not affected by this clause. Customers are required to leave all direct debit instructions in place until the final invoice has been paid. 3.2 When subscribing to any CFS Service, CFS may, at its sole discretion, block, restrict, or terminate access to the service, for any reason, at any time, without prior notice. In such an event, CFS will not be liable for any costs incurred what-so-ever by the Customer. 4. PAYMENT & CHANGES TO YOUR CONTRACT 4.1 Pricing of the Service shall be as stated within the CFS Broadband Order Form. All prices are inclusive of the current rate of Value Added Tax unless otherwise stated and all prices are subject to change, upon CFS giving not less than thirty days prior written notice to the Customer. 4.2 All sums due to CFS under this Agreement shall be paid in full by the Customer without any off-set whatsoever. 4.3 The Customer shall be invoiced monthly by CFS for all charges under this Agreement plus Value Added Tax. Payment is due within fourteen days of the invoice date. The time of payment of all sums due to CFS under this Agreement shall be of the essence of this Agreement. If payment in full is not received by CFS upon the due date, CFS shall be entitled to levy a late payment charge at a rate of 1.5% per month on any unpaid overdue balance. 4.4 All charges payable under this Agreement shall be calculated by reference to date recorded or logged by CFS and not by reference to date recorded or logged by the Customer. 4.5 Call Flow do not accept cheques as a viable form of payment. Any cheques received as payment with incur a further £10 admin fee. 4.6 Call Flow may increase your Call Flow Broadband/ Line Rental Payment at any time for any reason by giving you at least one calendar months’ notice in writing. This notice requirement does not apply where, in line with our Usage Policies, your Product is upgraded to one with a higher Usage Cap or you incur charges for going over your Usage Cap (having previously requested to not be upgraded to a higher Usage Cap or requested to be downgraded from a higher Usage Cap). 4.7 We may also increase your Call Flow Broadband/ Line Rental Payment if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing, including to reflect a change in the rate of VAT or other applicable taxation charge or levy, which affects your Call Flow Broadband Payment directly or our pricing structure generally. We will use our reasonable endeavours to notify you before any price increase takes effect under this Condition. 4.8 Annual Price Increases. Your Price Plan Charge includes an increase by the annual percentage increase in the Retail Price Index (RPI). We will do this so the price increase takes effect in April of each year in line with RPI statistics released in January. 4.9 Changing the Terms and Charges. We may change the terms and conditions or the Services. If we do make these changes, We’ll give you written notice when we can before the change takes effect. We may also increase or decrease our prices. Your Price Plan Charge will go up by RPI during Your Minimum Term. You agree that Call Flow can change these Terms and Charges without obtaining the customers express consent 1 to vary the Agreement providing we comply with the procedure set out in 4.9. 5. USE OF THE SERVICE 5.1 The Customer undertakes to use the Service in accordance with such conditions as may be notified in writing to the Customer by CFS periodically. 5.2 Internet Data Usage Allowances– Most broadband products are subject to data transfer restrictions (Full package options are available from www.callflow.co.uk or on request to [email protected] ). 5.3 Should you exceed the data allowance of your subscribed package, CFS will automatically upgrade your subscription to the package that reflects your current usage until you reach the highest data allowance applicable to the subscribed service. 5.4 Where a Customer is on the highest data allowance package for a service, and exceeds this allowance, CFS will implement an excess use charge as described on the order form or as may be notified in writing to the Customer by CFS periodically. 5.4B Customers who are currently on a lower package can request to stay on the lower package and will no longer be automatically upgraded to a higher usage package, but will be charged for excess use in line with the excess use charges highlighted in 5.4. It will be the customer’s responsibility to request this. 5.4 CFS Customers who choose the higher package are not authorised to downgrade to a lower usage package. 5.5 CFS will continually monitor network traffic and performance and reduce the speed available to very high users during a given month to ensure that the service received by other customers is not impacted through extremely heavy usage by a minority of people. CFS supports Ofcom’s Code of Practice on Speed and is committed to providing the best information about what affects customers’ speeds and managing our service to optimise the experience for all our customers. To find out more about Ofcom’s Code of Practice on Speed visit Ofcom’s website. 5.6 CFS are not responsible for any DDOS attacks (Distributed Denial of Service Attack). Our systems do not enable us to identify whether usage is down to general heavy use or a DDOS attack. 2 6. PROVISION OF INFORMATION 6.1 The Customer undertakes to promptly provide CFS, free of charge, with all information and co-operation that CFS may reasonably require to enable it to proceed without interruption with the performance of its obligations under this Agreement. 7. LIABILITY 7.1 Subject to Condition 7.2 CFS shall be liable for the damage to the property of the Customer caused by any negligent act or omission of CFS or its employees provided that such liability of CFS in contract, tort or otherwise, including any liability for negligence, howsoever arising out of or in connection with the performance of CFS’s obligations under this Agreement shall be limited to £50 for any one incident or £100 for any series of incidents arising from a common cause in the six month period. 7.2 CFS shall not be liable to the Customer in contract, tort or otherwise, including any liability for negligence, for any loss of revenue, business, anticipated savings or profit or of any indirect or consequential loss, however arising. 7.3 In the event of any failure in the Service, CFS shall not be liable to the Customer for any charges incurred by the Customer should the Customer use another means of connection to the internet. 7.4 The provisions of this Condition 7 shall continue to apply notwithstanding the termination of this Agreement. 8. AVAILABILITY 8.1 CFS will use all reasonable endeavours to ensure that the Services are available for use by the Customer >99% of the time. 8.2 CFS will endeavour to notify customers by email in advance of any planned outages or maintenance with as much notice as possible. 8.3 If CFS Broadband and Phone Services are continuously unavailable for more than 3 days, you may be entitled to compensation from us.
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