Your phone must be unlocked to use this service

The Services under the Agreement are provided to you by Candy Telecom Limited, a company registered in England and Wales under company number 10171724 (VAT Number GB 241 0240 69 trading as Candy Telecom (hereinafter “Candy Telecom”, “we”, “our” and “us”)

 

  1. Definitions

These words have the following meanings:

Account means the airtime account that we use to record your Charges;

Additional Services are services that we offer to supply which are added to the Services when you request them, or where we do not require you to request them when you use them. The Charges and terms and conditions for Additional Services are available online and from our customer services team;

Agreement means the contract between you and us for the sale and purchase of Services incorporating these terms and conditions, the terms of any Additional Services, the terms of your Allowance and/or the Charges for the Basic Services we have agreed to supply to you;

Allowance means the allowance of Services that we provide to you for an agreed recurring monthly Charge;

Basic Services means the services we have agreed to supply to you other than Additional Services including but not limited to call and messaging services that we provide using the Network;

Billing Date means the first day of the relevant calendar month;

Charges are the charges applicable for the Service including, but not limited to, usage charges, Allowance charges and the charges applicable for any Additional Services that you order from us or use;

Direct Debit means an instruction that you give to your bank to collect an amount directly from your bank account under the United Kingdom’s Direct Debit Scheme,

Equipment is any equipment you use to access the Services where that equipment is approved for use on the Network by us;

Minimum Term means the minimum period for which you have agreed to receive your Allowance;

Network means the mobile communications network we use to provide you with the Services;

Number means the mobile telephone number we assign to you or which you port to us which is associated with your Account;

Personal Information means information we hold about you that you provide to us or which we collect whilst providing the Service to you and includes but is not limited to personal data and traffic data;

Roaming means an Additional Service which allows you to use networks in foreign countries so the Services can be used whilst abroad. Additional Charges apply to roaming.

SIM card means a subscriber identity module (SIM) which stores data for GSM mobile users such as numbers, personal security keys and stored messages.

Services mean the Basic Services and any Additional Services that we provide to you which you access using a Candy Telecom SIM.

Candy Telecom SIM means a SIM card provided to you by us that remains our property and which when used with the Equipment grants you access to the Services;

Virus is a computer program that can corrupt, damage or destroy a computer system of its data without the permission and/or knowledge of the user of the system it infects.

Website means the website that you are currently using (www.candytelecom.co.uk ) and any sub-domains of this site unless expressly excluded by their own terms and conditions;

 

  1. Agreement and Minimum Term

(a)     This Agreement is formed once we accept a request for Services from you.

(b)     Once the Agreement is formed, we will open an Account for you and provide you with a Number.

(c)     Where we provide you with a Candy Telecom SIM we will activate your Allowance when the Agreement is formed. This is however subject to Direct Debit approval and validation checks.

(d)     A Minimum Term applies to the Agreement and is as set out in your Allowance. The Agreement will continue for the Minimum Term and you are liable for the Charges for the Minimum Term.

(e)     The Agreement may be cancelled prior to the expiry of the Minimum Term in accordance with clause 9.

(f)     When the Minimum Term expires, the Agreement will renew automatically for further periods of thirty (30) days unless and until terminated in accordance with clause 9.

 

  1. Candy Telecom SIM

(a)     You agree to take all reasonable steps to prevent damage to or loss or abuse of the Candy Telecom SIM.

(b)     If your Candy Telecom SIM is lost, stolen or damaged such that it no longer allows you to access the Services you must report it to customer services as soon as possible. We may charge you for a replacement Candy Telecom SIM.

 

  1. Services

(a)     We aim to enable you to always use the Services. Unfortunately these may be affected by matters beyond our control, including but not limited to the weather, other networks and faults, or by our maintenance of the Network.

(b)     We will make all reasonable efforts to avoid periods of unavailability and to try and resolve any problems within our control as soon as possible.

(c)     We use reasonable efforts to make commercial arrangements to enable Roaming but we cannot and do not guarantee the quality and coverage of foreign networks.

(d)     Candy Telecom reserves the right to withdraw or suspend the services or to disconnect you if we suspect that offer is being used for commercial purposes, for conferencing, or if it is not being used in a handset (in a SIM box for example).

 

  1. Charges and Payment

(a)     On your requesting Services by means of an Allowance, we will collect payment for the first month’s Allowance Charges by credit or debit card. Where you request Services on a date other than the Billing Date, any excess Allowance Charges paid for the first month’s Allowance Charges will be credited to the second month’s Allowance Charges. From the second month of your subscription onwards, your Allowance will be invoiced monthly in advance on the Billing date. The Allowance Charges will be taken by Direct Debit from the bank account associated with your Account on or around the 7th of each month. Allowance Charges will be charged regardless of whether or not you have used all of your Allowance in the relevant month. You may elect to make a payment by credit or debit card instead of Direct Debit provided this is done prior to the seventh day of the month, Payments by credit or debit card will incur an administration charge of £3 except for interim payments made pursuant to clause 5(d) below.

(b)     All additional Charges will be invoiced on the Billing Date and charged monthly in arrears on or around the 15th of each month. Unless you have elected to pay by credit or debit card prior to the relevant as set out in 5(a), Charges will be taken by Direct Debit and Charges will be collected by GoCardless Limited on behalf of Candy Telecom.

(c)     The Charges are available online at / and from our customer services department. Itemised bills are available by accessing your Account through our Website and these may be provided by a third party. You must pay all Charges before the due date as set out on your bill and such Charges must be paid by Direct Debit. Where you fail to pay the Charges by the due date and/or by Direct Debit, we may charge you interest at the rate of 2% above the base rate of Barclays Bank PLC and you will be responsible for any administration and/or collection fees we incur in the recovery of the late Charges. We may also debit the Charges due from the credit/debit card supplied by you. Please note we may also elect to terminate the agreement pursuant to clause 9.

(d)     A credit limit equal to twice your monthly Allowance Charge will apply to your Account. Where your Account exceeds this credit limit, we may suspend your access to the Services. You are responsible for checking that your account does not exceed the credit limit. We may request that you make an interim payment prior to restoring your Account; this shall not exceed the Charges due in your Account.

(e)     We wish to remind our customers that you will be subject to extra credit limits should you go beyond your monthly allowance. This limit will only effect calls and texts – but not your data usage.

(f)     Where you elect to switch your subscription to another Allowance, you will remain on and be charged your current Allowance until the next Billing Date where your new Allowance will be activated.

(g)    Calls to Isle of Man, Bailiwick of Guernsey and Bailiwick of Jersey will be charged at standard rates and are not included in pay monthly Plan.

(i)     Security of your personal information : Candy Telecom uses advanced security technologies and procedures to protect your personal information from unauthorised access. Your details, credit card numbers and PINs are protected with Secure Socket Layer (SSL) encryption when transferred over the internet.

 

  1. Use of Services and your obligations

(a)     You agree NOT to use the Services and NOT to permit any third party to use the Services:

  1. for anything unlawful, immoral or improper;
  2. to make offensive or nuisance communications in whatever form, or to make or receive reverse charge calls;

iii.      with equipment that is not approved for use with the Network including, but not limited to, SIM-boxes and SIM-gateways;

  1. to supply goods or services to any third party;
  2. to send, receive, upload, download or otherwise facilitate any material which is offensive, indecent, defamatory, of a menacing nature, a nuisance, a breach of privacy, an infringement of copyright or any other intellectual property right or otherwise unlawful;
  3. to gain access to the services of any third party voice over internet protocol calling provider unless expressly permitted by us;

vii.    to transmit a Virus; and

viii.   for the purposes of providing telephony and/or other services to third parties which rely on the Services.

(b)     You agree TO:

  1. give us any information we reasonably request;
  2. follow our reasonable instructions;

iii.      comply with the instructions and demands of other networks where you are roaming;

  1. to inform us of any changes in your contact details where you have previously registered these with us. Where you fail to do so you agree that delivery of notice to the contact details we have is effective; and
  2. tell us of any claim as soon as possible
  3. pay the Charges as they fall due.

(c)     Fair use policies may apply to specific Services that we provide to you. Where they do we will post them on our website and you agree to abide by them.

(d)     Any failure to comply with any of the terms of this clause 6 is a breach of this Agreement that entitles us to terminate this Agreement.

 

  1. Cancellations

(a)        Where you order Services from us and we have confirmed acceptance of your order the following terms apply:

(i)          If the SIM is defective, you must inform us within 7 days. If you fail to do, you are deemed to have accepted the SIM.

(ii)        Where a claim of defect or damage is made we shall deactivate the Services. If on inspection / investigation we find the goods to be defective, you shall be entitled to provision of replacement Services of the same type and denomination.

(iii)       In addition to the rights set out herein, you may have statutory rights under the Customer Protection (Distance Selling) Regulations 2000 as follows:

(1)        Under the Distance Selling Regulations (2000) in the United Kingdom, as a UK resident, you have the right to cancel the Agreement until the end of the 7th working day after the date on which a contract for purchase is formed between you and us.

(2)        Where you use the Services before your right to cancel expires, you lose the right to cancel the Agreement.

(3)        Where you chooses not to use the Services until after the end of your right to cancel we will not provide use of the Services until after your right to cancel expires.

(4)        Where you have the right to cancel and give you notice to us that you want to cancel, we agree to return any payment made by you within 30 days of the date on which we receive your notice.

 

  1. Suspension of the Services

(a)     We may suspend or cease supplying the Services to you without warning where:

  1. You are in breach of one or more terms of these terms and conditions or someone who uses your Candy Telecom SIM or Equipment is in breach of them;
  2. the Network breaks down or needs maintenance. Candy Telecom tries to minimise these cases;

iii.      anyone who uses the Equipment or a Candy Telecom SIM does not keep to the conditions of this Agreement; and

  1. your use of the Services damages the Network or puts the Network at risk.

(b)     Where we suspend this does not affect your obligation to pay the Charges, save in the event of suspension or disconnection as a result of our maintenance of the Network which extends beyond three days and affects the entire Network in which case we will not charge any service Charges for the period in which you cannot use the Services.

(c)     We may apply a fee to reconnect the Services where we have suspended them and/or disconnected any Candy Telecom SIM from the Network under 8.(a)i., 8.(a)iii. or 8.(a)iv.

(d)     Our right to suspend the Services under this clause 8 does not affect any other rights we have to suspend or terminate this Agreement.

  1. Termination

 

(a)     Either party may cancel the Agreement on giving at least thirty (30) days’ notice. Where you cancel the Agreement, you must pay the Charges due on your account including Allowance Charges due for the remaining Minimum Term, if any. These outstanding Charges will be collected by Direct Debit or where you elect to do so or the Direct Debit fails, from your credit or debit card. For the avoidance of doubt, porting your number to another communications provider has the effect of terminating the Agreement.

(b)     You may also terminate the Agreement where Candy Telecom is in breach of a material term of the Agreement which is not remedied within 14 days of you asking us to do so.

(c)     We may terminate this Agreement IF:

  1. You are in breach of any term of this Agreement which is incapable of remedy or where you are in breach and we have asked you to remedy that breach but you have not within 7 days of our asking you to do;
  2. We suspend it in accordance with clause 8;

iii.      You become insolvent or are made bankrupt; or

  1. We are no longer allowed to operate the Network or provide you with the Services.
  2. the Direct Debit approval set out in clause 2(c) fails or is cancelled by you, in which case we will debit the Charges due (including an amount equivalent to the 30 day notice period referred to in 9(a) above) from the credit/debit card supplied by you and the Agreement will be deemed terminated.

 

  1. Notice

(a)     All written notices to us have to be sent to:

 

Candy Telecom Limited

Suite 1280

109 Vernon House

Friar Lane

Nottingham

NG1 6DQ

 

  1. Liability

(a)     Save for personal injury or death as a result of our negligence our liability to you under this contract is limited to £3,000 for an incident and all related incidents and a maximum of £6,000 in any 12 month period. Notwithstanding the foregoing, we are not liable to you in any way for any loss of income; business or profits; or for any loss or damage that was not reasonable foreseeable when you entered into this Agreement.

(b)     We are not liable to you where we cannot fulfill our obligations under this Agreement as a result of something beyond our reasonable control and expectations.

(c)     We are also not liable to you where we are unable to provide the Services as a result of the maintenance of our Network.

(d)     Where you lose the Candy Telecom SIM or it is stolen you remain liable for any Charges incurred whilst the Candy Telecom SIM is not in your possession but before you tell us that is has been lost or stolen. This includes, but is not limited to cases where your Candy Telecom SIM is cloned.

(e)     If as part of the Services we enable you to access the internet you agree that we are not liable for any content that you access, upload or download whether knowingly or not except for content that we make available to you directly.

(f)      This clause 11 survives the termination of this Agreement.

 

  1. Third parties

(a)     This Agreement shall not confer any benefit on a third party under the Contracts (Rights of Third Parties) Act 1999.

(b)     Notwithstanding the foregoing you may be capable of contracting with one or more third party when you use the Services. Where you contract with a third party whilst using the Services you confirm and understand that we are not a party to that Agreement even where payments due to that third party are deducted from Multifunctional Top-up Vouchers recorded against your Account.

 

  1. Amendments

(a)     We may make reasonable amendments to the Agreement on giving you prior notice.

(c)     We may also change your Number where we reasonably require. Where we do so, we will give you prior notice and explain why.

(d)     Amendments will also be published on the website and you agree that the publishing of these notices has the same effect as our giving you written notice by post.

 

  1. General

(a)     You may not transfer any rights or responsibilities under this Agreement without our expressed written consent.

(b)     We may assign this Agreement at any time without your prior consent provided that such assignment does not affect the Services.

(c)     Failure by us to enforce any of the terms of this Agreement shall neither be construed as a waiver of any right or remedy nor shall in any way affect the validity of this Agreement, or any part thereof, and no waiver of a breach of this Agreement shall constitute a waiver of any other breach.

(d)     Termination of this Agreement shall not operate as a waiver of any breach by you of any of the terms of this Agreement and shall be without prejudice to our rights or remedies which might arise as a consequence of such breach, or which may have accrued up to the date of such termination.

(e)     A finding that a term of this Agreement is, or has become, invalid, illegal or unenforceable in any respect under governing law shall not affect or impair the validity, legality or enforceability of any other terms of this Agreement so long as the purpose of this Agreement is still capable of performance.

(f)      This Agreement is governed by the Laws of England and Wales and any dispute arising out of this Agreement is subject to the jurisdiction of the Courts of England and Wales.

(g)     Notwithstanding the above you may be able to refer a dispute arising out of this Agreement for alternative dispute resolution pursuant to our Customer Complaints Code (which can also be requested from our Customer Services Team).

 

Allowance Specific Terms

  1. All bundle minutes/texts/internet exclude roaming use, calls to international destinations and calls/texts to number translation services, premium rate numbers, 0870 numbers and personal numbers.
  2. Standard Pay monthly rates apply to any usage in excess of your bundle Allowance (or fair use policy limits) and for usage Charges for Additional Services or services not included in your Allowance.

iii.      Fair usage policy: In order to avoid fraudulent and/or commercial misuse, UK in bundles usage is subject to a fair use policy of 10000 minutes per month and 10000 text message per month. Details of our fair usage policy can be found on this page: https://candytelecom.co.uk/fair_usage_policy/

  1. The offer is for non-commercial, private, personal use only – Candy Telecom reserves the right to withdraw or suspend the services or to disconnect you without prior notice and with immediate effect if we suspect that offer is being used for commercial purposes, for conferencing, or if it is not being used in a handset (in a SIM box for example), or if it is being used for tethering or any other reason Candy Telecom reasonably suspects that you are not acting in accordance with this policy where we consider that the usage was illegitimate (for instance in case of abusive, unusual or fraudulent usage).
  2. The Minimum Term of all bundles is thirty (30) days.

Using data while roaming

  1. Customer will receive notification on your monthly data limit.
  2. Customer will be automatically limited for £36.39 (€50).

iii.      Customers will be notified at 80% and 100% of their monthly data limit.

  1. Once customer reaches 100% of data limit, data usage will be blocked.
  2. Data usage will also be notified at the next charging point when you are in UK and Europe and for rest of the world it’s when midnight in the UK.

Candy Telecom Terms and Conditions for the provision of Fixed Line Services, Call Services, Call Types and Data Services.

These terms and conditions govern the services provided to you by Candy Telecom Limited (trading as Candy Telecom), Candy Telecom Limited, Suite 1280, 109 Vernon House,  Friar Lane, Nottingham, NG1 6DQ.

Your Legal Rights

These Conditions do not affect your rights under law. These Conditions also include certain limitations and exclusions of our liability to you. If you require any assistance or advice regarding these terms, we suggest you contact your local branch of the citizens’ advice bureau.

DEFINITIONS AND INTERPRETATION

In these Conditions (unless the context otherwise requires):

“Billing Period” means any period in respect of which we bill you from time to time for your use of any of the Services provided to you;

“Broadband Service” means the high speed ‘always on’ Network access to the internet provided in accordance with the particular type of Tariff Plan chosen by you and supplied to your Premises via either our Network or your BT landline and which is provided in accordance with the terms of your Contract;

“BT” means British Telecommunications Plc, 81 Newgate Street, London EC1A 7AJ.

” UK Calls Service” means the service that we provide to you that allows you ability to make telephone calls in accordance with the terms of your Contract and which, for the avoidance of doubt, may include without limitation International Access. We may provide the UK Calls Service to you using CPS, LLU, WLR or any other service delivery method available to us from time to time;

“Charges” means our published list of prices as amended from time to time applicable both to our Services in general and your particular Tariff Plan. To obtain a copy please telephone Customer Services or visit our Website;

“Commencement Date” means the date upon which our supply to you of any Service commences, and the relevant Commencement Date for each Service will be as communicated to you by us. This date is not guaranteed but a Customer of the UK Calls Services shall be deemed to be ‘active’ from 12 midnight on the day before such a Customer’s Commencement Date;

“Conditions” means these terms and conditions as amended by us from time to time;

“Content” means textual, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Broadband Service or the Mobile Service including all information supplied by content providers from time to time;

“Contract” means the contract between you and us to pay for and receive the Service set out in these Conditions (together with such changes and/or other terms as may be notified to you from time to time) and your current Tariff Plan as amended from time to time;

“Credit or Debit Card” means your nominated credit or debit card, details of which you have provided to us by any means;

“Credit Limit” means any credit limit, which is applied to your account either when you apply for any Service or at any time thereafter;

“Customer” means any customer who enters a Contract;

“Customer Services” means the customer services facility provided by us for you to report any faults with any Service or make general or account enquiries via 0333 101 4090 (or such  there number as may be advised to you by us from time to time) or by emailing: [email protected] . Customer Services help-line facilities are available in respect of both the Call and Broadband Service between the hours of 9am to 6pm Monday to Friday. Calls to Customer Services may be monitored;

“Denial of Service Attacks” means any attacks to the Network on which the Broadband

Service is provided or any other third party’s Network, the purpose of which are to attempt to prevent legitimate users from using or enjoying the benefit of the Broadband

Service or any other similar service (as the case may be), including but not limited to, attempts to ‘flood’ the Network or to disrupt users from connecting to, accessing or using the Broadband Service;

“IDA” means indirect access which is a fixed line telephony product which allows a customer to access special call rates by first dialling a prefix immediately before making a call;

“Line Rental Provider” means the service provider, such as us or BT, who rents to you the fixed telephone line that you use to receive the Services;

“LLU” means Local Loop Unbundling which is a technology that allows alternative telecommunications companies to put their own equipment onto the end of a consumer’s copper local loop and own the connections for the local exchange instead of BT, so as to offer services in competition with BT;

“UK Calls Service” means the UK Calls Service provided to you by us, which allows you to obtain from us the telephone line(s) on which you make your calls or connect to the internet. We may provide the UK Calls Service to you using either wholesale line rental or LLU;

“Minimum Period” means the minimum period that applies to your Contract, which will depend on the Tariff Plan you select at the time you place your Order. The following minimum periods apply:

For any Customer who:

transfers their existing telephone line to our non-LLU UK Calls Service; or

enters a Contract for the non-LLU Broadband Service only; or

enters a Contract for a new line installed for the non-LLU UK Calls Service;

the minimum period is twelve (12) months from the Commencement Date of any such Service.

For any Customer who either:

transfers their existing telephone line to our LLU UK Calls Service; or

enters a Contract for the LLU Broadband Service only; or

enters a Contract for a new line installed for the LLU UK Calls Service;

the minimum period is twenty-four (24) months from the Commencement Date of any such Service, depending on your Tariff Plan. We will confirm what minimum period applies to your Contract during your registration process.

For any Customer who enters into a Contract (or upgrades an existing Contract) for certain products that we offer (which may include, without limitation, our combined products i.e. any product (whether supplied through LLU or not) under which you receive our UK Calls Service, our UK Calls Service and our Broadband Service), your Contract will have a minimum period of twenty-four (24) months from the  Commencement Date of your connection to  the UK Calls Service element of that product or from the date of your upgrade, depending on your Tariff Plan. We will confirm what minimum period applies to your Contract during your registration process.

“Router” means the high-speed Router or wireless router and/or the fibre optic enabled high speed Router together with any ancillary equipment (which may include micro filters, wireless USB adapters and other peripheral equipment) that we, or our authorised distributors, may sell or supply to you when you subscribe to the Broadband Service that enables you to connect your personal computer (“PC”) to any Network

“Network” means as the context requires either the public switched telecommunications, internet protocol packet Network and/or a wireless telegraphy link by means of a cellular radio system operated by a Network Operator;

“Network Operator” means, as the context requires BT or such other company or companies from time to time that operate a fixed line or mobile Network or ‘virtual’ Network, which can be accessed for communication purposes;

“Order” means any order that you submit to us for any of the Services;

“Ofcom” means the Office of Communications;

“Premises” means the UK premises where we agree we shall provide you with the Broadband Service and/or the UK Calls Service;

“Service(s)” means, as the context requires, any of: the UK

“Service(s)” means, as the context requires, any of: the UK Calls Service; the UK Calls Service; the Broadband Service or any other telecommunications services that we may provide to you pursuant your Contract;

“Candy Telecom “, “we”, “us”, “our” means Candy Telecom Limited trading as Candy Telecom, Suite 1280, 109 Vernon House, Friar Lane, Nottingham, NG1 6DQ;

“Tariff” means the tariff setting out our list of Charges for any of the Services we offer from time to time, copies of which are available at our Website or by contacting Customer Services. Although we are able to launch new Candy Telecom products and/or alter our Tariffs at any time, if we make an alteration to your existing Tariff (but not if we simply launch a new Tariff), which has a material detrimental effect on you;

“Tariff Plan” means the monthly Tariff (that may include some elements which are not chargeable) which you select for the Services at the time you place your Order and which you may change from time to time by agreement with us and where we agree, such change to take effect at the start of your next Billing Period;

“Technical Support Helpline” means the Broadband Service technical support telephone helpline available via 0333 101 4090 (or such other number as we may advise from time to time) between the hours of 9amand 6pm, Monday to Friday (except certain public holidays). All calls may be monitored. This technical support help line is specific for the Broadband Service only and limited to connection of your PC or MAC to the Broadband Service.

“Transmission Speed” means the rate in either thousands of bits per second (“Kbps”) or millions of bits per second (“Mbps”) that data is transferred between two Routers. Your transmission speed is that specified in your Tariff Plan;

“Website” means the website for Candy Telecom business currently located at url: www.candytelecom.co.uk; and “you” and “your” means the person named in the application process and/or, where the context requires, it includes a person we reasonably believe is acting on that person’s authority. Words in the singular shall include the plural and vice versa and references to legal persons shall include natural persons and vice versa. The headings in these conditions are intended for reference only and shall not affect their construction.

 

  1. Eligibility

The Services are for business or consumer use but different charges will apply.

To place any Order you must be at least eighteen (18) years old and you agree that the details that you provide to us on your Order shall be true, accurate and complete.

Our Service(s) may not be available to a small number of customers in certain circumstances. We will tell you if this applies to you.

On receipt of your application for the services, we will make an application to your previous provider to switch your chosen telephone services to Candy Telecom, or to your current broadband provider to switch your broadband service to Candy Telecom. Either way if your previous provider is able to validate your application then we will notify you in writing of the estimated activation date for your service with Candy Telecom. Normally this takes around 10 working days from the date when the order is accepted provided you have an existing compatible BT line, if you opt for an installation type order then we will not always notify your previous provider and this is your responsibility.

If for any reason BT or such is unable to move your service to Candy Telecom, we will contact you.

If you require a new line to be set up, and we agree to do this for you, your Candy Telecom service will normally take approximately 4 weeks to be activated from the date you place your order with us and it is your responsibility to contact your previous provider if you currently have one.

 

  1. Connection Fees and New Line Fees

When you connect to our network you will usually be charged a connection fee or if it is a new line then you will usually be charged an installation fee . These fees are levied in addition to any other charges which may be due under any other term of these Conditions and it arises primarily from charges which are levied on us. Accordingly, we must reserve the right to pass on some or all of these charges to you and if appropriate to charge you for any additional related expenses we may incur in relation to your connection/install. These fees will usually be charged at the point of connection to the relevant service. The connection fee will be charged in accordance with our price list as published on our Website on the day you order the Services.

 

  1. Transferring a Service

We will try to give you the same set of service features that you received from your previous telephone provider. However you accept that this may not be possible in some limited circumstances. Furthermore, since the service features will not always be automatically retained on transfer to Candy Telecom, we can only provide you with those service features which you specifically selected when signing up to our Service unless these automatically transfer from your previous supplier.

If, immediately prior to receiving the Services from us, you were a customer of BT, some calls (such as premium rate services) that appear on your Candy Telecom bill may involve additional call charges. We will charge you for these at our rates as set out in our list of Charges (as amended from time to time).

 

  1. Your Previous Provider

You may have existing contracts for services (e.g. line rental, or calls, or broadband) with your old service providers, which have minimum service periods in them. You are responsible for checking any such contracts and for paying any ongoing or termination charges to your old service provider. You will have to pay any such charges in addition to our charges. It is your responsibility to ensure you inform your old provider of your new service with us and Candy Telecom will not be held liable for any charges you incur from your previous provider by doing this.

 

  1. Call Set up Charge

All calls will have a set up charge which varies according to the type of call. Details of our call set up Charges are published on our website or you can contact our customer service department, the number is available on any of your telephone bills from us.

 

  1. Inclusive Call Allowances

Candy Telecom offers a range of UK Call plans including Weekend Minutes, Evening and Weekend Minutes and Anytime Minutes. Numbers included in your plan will be discussed and agreed with you before the commencement of your contract and are also available on your welcome letter from us. Inclusive calls to UK numbers means calls up to 59 minutes. For any call longer than 59 minutes you will be charged at normal standard rates. If you wish to avoid these charges you can replace the handset and re-dial before the fifty ninth (59) minute threshold is reached. All call plans are subject to a fair usage policy which can be found on our website, this will also be confirmed on your welcome letter from us or you can contact our customer service department, the number is available on any of your telephone bills from us.

 

  1. Chargeable Numbers

You accept that you may not always get through to all international destinations or other non-standard call types and that we may also require you to pay a deposit or impose a Credit Limit before we allow you to use International Access or other non-standard numbers. Even if we have imposed a Credit Limit, you will be responsible for any call charges you incur in excess of that limit because of delays in our billing system. If you have a bar for certain numbers, whether requested or not you accept that this bar is not guaranteed and you are still responsible for the charges incurred if these calls are made.

 

  1. Call Charges

Charges for calls you make using any Service will be calculated using details logged and recorded by us. Calls are charged based on the rate applicable when the call was initiated. Calls will be charged and inclusive allowances deducted in one minute increments (with any part minutes rounded up to the nearest minute) individual charges will then be rounded up to the nearest whole penny. In addition, and notwithstanding the preceding sentence, there is a per call connection charge and the details of these call connection charges appear in our price list which is available on our Website. The call connection charges will include without limitation, any calls made as part of a ‘calling circle’ but do not include any Mobile Service calls for which there is minimum charge per call (the details of which appear in our price list available on our Website).

You should also be aware that we may allocate Call Data Records (“CDR’s”) which have been received late, whether from other Network Operators or otherwise, into the bill for your current Billing Period. Further details of late arriving CDR’s are available from Customer Services.

If your Tariff Plan includes ‘inclusive’ minutes, which apply to all call types up to a monthly limit, unused inclusive call minutes cannot be carried forward from one month to the next. In this context “monthly” or “month” means your monthly Billing Period, which may not equate to a calendar month.

 

  1. Changing Our Charges

We shall be entitled to amend our Charges or change the Tariff Plan you are on from time to time and we will notify you of such changes by making the amended list of Charges available on our Website. If Charges are decreased this will be reflected in your next bill. Should we increase the Charges we shall provide you with thirty (30) days notice of such increase and the increase will take effect from the end of that period. Any changes that may apply to VAT charges from time to time, which may result in an increase or decrease in your Tariff Plan Charges, will not be regarded as a price increase.

We can give written notice of an increase in a Price Plan Charge in line with the Retail Price Index (RPI) published by the Office for National Statistics (calculated using the most recently published RPI figure)

 

  1. Moving Premises

If you are moving to a new address, we will do our best to arrange the transfer of your line whilst retaining your existing telephone number. However, you accept that we may not always be able to do so and we are not liable to you if we cannot and you accept that there may be interruptions to your service in some circumstances. You accept that if you move to new premises and wish to continue to receive the Services at your new address you may incur an additional Change of Address Fee. You accept that if you move to new premises then your contract will be renewed and a new Minimum Term will begin.

If you move to a new address and want to access the Services at your new address you may need to set up new accounts for that location by calling Customer Services. You will have to provide us with what we regard as suitable proof of your new address and a suitable time period in which to start these services. If you do not provide this information we will not be able to terminate your existing account and you will be liable for any charges that remain due in respect of the remainder of the term for the particular Service (for example, the remainder of the Minimum Period for the Broadband Service).

 

  1. Specific Provisions Relating to the Broadband Service

The Broadband Service is available as a separate Service, you do not have to take our UK Calls Service in order to sign up to our Broadband Service. The Broadband Service does not include any line service. If you use another provider for these services, you must continue paying the other provider.

In order to provide you with the Broadband Service, we need to test your telephone line to ensure that broadband is available in your area. You are responsible for paying for any work that needs to be carried out on your telephone line in order to receive broadband. When we activate your Broadband Service you accept that there may be a temporary loss of service on your line. We will try to minimise the duration of this loss of service and will check before activating your service to make sure you are not making a voice call on the line at the time we activate your Broadband Service.

Candy Telecom broadband coverage and speed is dependant on various factors including OpenReach network, distance from the cabinet and the exchange equipment capability

Note: Upon verification of your order should your local exchange equipment not be fully upgraded to receive our broadband service we will be able to offer an alternative broadband which may incur an increased monthly charge.  Should this be the case one of our team members will contact before processing you order and confirm all correct monthly charges.

 

  1. Transferring or Terminating your Broadband Service

You will need to obtain a Migration Authorisation Code (“MAC”) from your current broadband provider in order to move to some of our Broadband Services. This MAC will be valid only for a limited period and can only be used once. If you wish to move from our broadband service to another broadband provider you may also need a MAC code which you must request from Customer Services.  For further details about MAC’s or of these charges please call Customer Services or visit our Website.

If you terminate your Broadband Service prior to the end of the Minimum Period you must pay us all charges relating to terminating your services based on closing your service earlier than the minimum term. The same applies if your telephone line is disconnected prior to the end of your minimum term.

 

  1. Transmission Speeds

We will try to give you the ‘download’ Transmission Speed that you have signed up for but, due to the limitations of current broadband technology, we cannot guarantee that you will always be able to get these Transmission Speeds. If we cannot provide you with the Transmission Speed you have signed up for, we will give you the next available lower Transmission Speed. The Transmission Speed may also change if you move premises because broadband speeds are dependent on your proximity to your local telephone exchange. You accept that ‘upload’ speeds will always be slower than ‘download’ speeds. We will provide you with further details of these upon request.

 

  1. Broadband Hardware

To be able to receive and use the Broadband Service you will need an existing telephone line and a personal computer (“PC”) of minimum specification. Please speak to Customer Services for further details of the minimum PC specification that is required. You will also need compatible cables and extension leads between your PC, Router and telephone socket.  You accept you may need to modify or configure your PC slightly to make it operate with the Broadband Service. It is your responsibility to ensure that such modifications do not invalidate the terms of any warranty that you may have concerning your PC. We will not be liable if any such warranty has been invalidated as a result of work carried out by you, us or our agents (including BT) to make your PC operate with the Broadband Service, except in the event of our negligence.  We will only support broadband service when the router is plugged into the master socket in your premises.

 

  1. Router

If when you order an applicable Service you purchase a Router from us or we otherwise agree to supply one to you without charge with the Service, we will try to ensure sure that the Router is delivered to your home before the Service is activated. However we cannot guarantee that you will receive the Router in time. Please note, for environmental reasons, any Router that we agree to supply without charge may be a Router in ‘as new’ condition. This will be a Router that has been refurbished and/or repackaged, but it will look and operate in exactly the same way as a new Router.

You must inspect the Router as soon as you receive it and tell us of any damaged or missing items within seven (7) days by calling Customer Services. We will then send you a new Router, but if we do this you must also return the faulty one to us in accordance with the clauses below. We will also repair or replace the Router if it becomes faulty during the first six (6) months after we supply it to you, but we will not replace any faulty Router if you are responsible for the fault (including without limitation as a result of your failure to follow the manufacturer’s instructions or your mis-use or alteration of the Router without our approval). In that case you must pay for a new Router in order to receive the applicable Service.

If we send a replacement Router, you must return to us the faulty Router (including all cables and software that came with it) within fourteen (14) days of receipt of the replacement Router. You accept that we will charge you for the replacement Router if you do not return the faulty Router (including all cables and software that came with it). You must keep the original box and packaging for the Router in good condition and ensure that the Router is stored in accordance with the manufacturer’s recommendations. We will refund the reasonable cost of returning the faulty Router to us by post. At your request we will send you a pre-paid returns envelope to return a faulty Router to us.

If you wish to use a Router or any other equipment that we have not supplied, we will try and help you as far as we can. However we cannot guarantee that the applicable Service will work with that Router or equipment.

If prior to the Commencement Date you cancel your Order for the applicable Service in accordance with the Consumer Protection (Distance Selling) Regulations 2000 and we have supplied you with a Router without charge, or if at any time your purchase a Router from us over the phone or from our Website and in accordance with the same regulations you cancel your contract for the purchase of that Router by giving us notice within the period of seven working days starting from the day after you receive the Router from us, you must: (i) first obtain a Return Authorisation Number from Candy Telecom by calling our customer service Department, the contact number can be found on any of your telephone bills from us and (ii) return the Router to us undamaged and in its original packaging, together with your RAN and proof of purchase, by sending it special delivery to Candy Telecom Returns, Suite 1280, 109 Vernon House, Friar Lane, Nottingham, NG1 6DQ. If you have purchased the Router from us, we will issue you with a cheque refund within thirty (30) days of receiving the returned Router from you. This refund will only apply to the purchase price of the Router; we will not refund the cost of returning it to us unless it is faulty.

If you return the Router to us in accordance with these clauses and have either failed to take reasonable care of the Router while it remained in your possession or you fail to return all the relevant cables and appropriate ancillary equipment or software supplied to you with the Router, we shall be entitled to debit your account (using the details that you provided to us with your Order) for the full replacement cost of such Router. To take reasonable care of the Router you shall retain and keep the original box and packaging for the Router in good condition and shall ensure that the Router is stored in accordance with the manufacturer’s recommendations.

 

  1. Equipment

Other than a router (which we may sell to Customers of our Broadband Service), we will not provide you with any equipment (such as a telephone).  We are not responsible for any problems you may have with equipment which we have not provided to you. We do not offer any maintenance services for such equipment.

You agree not to connect any equipment to our network or service that may harm it or other customers’ equipment. If you do, you must disconnect it immediately, or allow us to do so at your expense.

Where we supply Equipment, any specified delivery date shall be treated as an estimate only. We accept no liability for failure to meet any delivery date.  All equipment supplied by Candy Telecom remains the property of Candy Telecom until paid for in full.  Where the equipment is supplied with a contract then goods will remain the property of Candy Telecom until the contract term completes unless otherwise stated.  All warranty claims should be made to the equipment manufacturer.

 

  1. Allocation and use of e-mail addresses and mailbox/storage

You accept that you do not own any e-mail addresses that we have given to you. You also accept there may be good reasons why sometimes we may need to change the e-mail addresses.

To prevent ‘spam’ from affecting the operation of our systems and the Broadband Service, we may need to block access to or delivery of any email which appears to be of an unsolicited nature and/or part of a bulk e-mail transmission. We may also use virus screening technology that may result in the deletion or alteration of e-mail and or e-mail attachments. We expect this software to be fully effective but we cannot guarantee that it will always protect you from unsolicited emails or any virus, worm, Trojan horse or similar. We therefore recommend that you install your own anti-virus software.

Where we provide you with email facilities, web hosting or other services that involve us providing storage space on our systems, we may impose limits (which we may vary from time to time) on the storage space we provide to you in order to ensure the quality of the service to you and other users. These limits may relate to the physical amount of web space or the number of mailboxes made available to you, email messages that can be stored and/or the size of any attachments you can send. We may reject or delete material that exceeds the relevant limit. We may also: (a) block receipt of emails to; and/or (b) archive or delete emails and/or attachments from, mailbox accounts which have not been used by you for a reasonable period of time.

 

  1. Electronic communications networks

When we provide you with a Service, we will use the reasonable skill and care of a competent electronic communications provider, but it is impossible to guarantee that any electronic communications Service will always be free from faults nor will it be continuously available.

 

  1. Alarm Systems and Emergency Systems

It is your responsibility to make sure that the Broadband Service or any other service does not affect any alarm system in your home or any other systems which rely upon telephone or Broadband service.

 

  1. Your Telephone Number

You do not own any telephone number we make available to you under your Contract. In exceptional circumstances we may have to change your telephone number. We will do so only when it is reasonably necessary or if we are requested to do so by Ofcom or another equivalent regulator. We will give you as much notice as possible before we change your number.

You may request us to transfer or ‘port’ your number from another communications provider and we will try to do this wherever it is reasonably practicable. However you accept that this may not always be possible. In these circumstances we may have to provide you with a new number. If you have any questions in this regard please call Customer Services, the number can be found on any of your telephone bills from us.

 

  1. Service Features

Our network will provide you with access to certain services including: emergency services using 999 or 112; operator assistance services and we reserve the right to charge you for some of these services (other than calls to the emergency services).

At an additional cost, we can provide you with the following optional UK Service Features:

call waiting, caller display; 1571 Answer phone service, call minder services, Admin barring services, call diversion services, for a full list of services please contact our customer service department, the number can be found on any of your telephone bills from us.

Please note you can only change your select service options once in any given month. We will make any requested change to your service with effect from the following month. Changes can be requested by sending an email to [email protected] or by calling Customer Services, the number can be found on any of your telephone bills from us.

 

 

  1. Duration

Your contract will start on the Commencement Date of your service and we will continue to provide the Services until the Contract is terminated in accordance with the clauses in these Conditions.  Your Contract with us is subject to a Minimum Term of 12 or 24 months.  This will be agreed with you before the Commencement Date of your contract.

 

  1. Your bill

We will send you a bill, which you must pay on time. We may send you separate bills if you take more than one Service from us. Your first or second bill may include a pro rata payment dependent on the time of the month your join our network. Your last bill from us will be received after your services have been terminated from our network. All bills must be paid on time and failure to do so will result in a possible suspension to your services.

Within thirty (30) days of the Commencement Date, we shall prepare and send to you a bill for the Services you have used. Thereafter we shall prepare and send to you a bill at the end of every Billing Period.

You may choose to receive your bills in paper or electronic form (including accessing your bills online). If you choose to receive your bill in paper format we reserve the right to charge you an additional amount for providing you with this service.

You will be billed monthly in advance. Monthly charges incurred for periods of less than one month will be calculated on a pro rata basis. Calls made using any Service will be billed in arrears.

All bills shall be payable within fourteen (14) days of receipt and shall be paid by way of direct debit to Candy Telecom or such other entity as we shall notify you from time to time. Unless we expressly agree otherwise any and all Charges are inclusive of VAT.

Unless you have requested itemised billing (for which we may charge you extra), you will only be advised of the total amount of Charges.

A Late payment fee will be added to any invoice not paid when due.

 

  1. Charges and Payment

Our Charges for providing the Services shall be effective from the Commencement Date applicable for each Service and will be calculated in accordance with your Tariff Plan.

You must pay all the Charges incurred by you, or any person using any Service, even when such Charges exceed any Credit Limit imposed upon your account.A list of all current service and call charges are available on our website.

 

 

  1. Direct Debit Payment

We reserve the right to request that you pay for the Services by Direct Debit and you accept that your Charges may increase if you do not use this payment method. If a direct debit is dishonoured or cancelled we shall be entitled to pass on to you any third party charges we incur and in addition, we may lower your Credit Limit, suspend or terminate your Service. We shall also be entitled to charge you a monthly administration fee for each month in which your direct debit is dishonoured or not reinstated following cancellation.  A Late payment fee will be added to any direct debit not paid whe due.

 

  1. Interest

We may charge you interest both before and after judgement at a rate equal to the greater of 2% above base rate from time to time of Barclays Bank plc or the statutory minimum allowable on the late payment of our bill. Interest is charged on a per annum basis, calculated daily.

 

  1. Suspension of the Service(s) by Us

We may suspend immediately the provision of the Services to you until further notice without compensation if:

We reasonably suspect that you are in breach of these Conditions; or

You are in breach of your obligation to pay the Charges and have not remedied the breach within seven (7) days. You should also note that if you fail to meet your payment obligations, your line may be blocked and you will not be able to make incoming and outgoing calls (including emergency calls) and if you are on our Broadband Network you will not be able to use the Broadband Service; or

We are obliged to comply with an order or request of the UK Government, the emergency services organisation or other competent authority; or

If you owe us any money whether under your Contract for mobile services, the UK Calls Service, the Broadband Service or otherwise; or

You exceed your Credit Limit; or

We have reasonable cause to suspect fraudulent use of a payment card, whether a Credit or Debit Card or otherwise.

If we suspend the Services for these reasons your Contract will still continue and you shall reimburse us our costs and expenses reasonably incurred in suspending the Services and/or recommencing them. In addition, you must pay all Charges due from you under your Contract incurred prior to the time when your Contract is properly terminated. If we suspend any Service, we will not provide it again until you confirm that you will use the Service only as agreed in this Contract.

If we exercise the right to suspend (or bar your access to) the Services this shall not affect our right to terminate your Contract.

If we agree to re-enable your services this can take a up to seven (7) working days.

 

  1. Credit Limits

Where you have entered a Contract to receive any Service from us, your account is limited in any one month to an amount which may either have been set at the time of your application or at any time thereafter while you have a Contract with us (“Credit Limit”). This Credit Limit is subject to the following provisions:

We may, depending on your payment history with us, lower your Credit Limit. On request we may agree to raise your Credit Limit. If you wish to vary your Credit Limit you should telephone Customer Services;

As our billing system is not instantly updated each time you make a call, it is possible to exceed your Credit Limit. The Credit Limit does not act as a bar and you may be able to incur Charges that result in you exceeding your Credit Limit. You will be liable for all Charges, including any in excess of your Credit Limit. You will be asked to pay any Charges in excess of your Credit Limit before Services are reinstated; and

We may suspend your service if your Credit Limit is exceeded and if you exceed your Credit Limit in respect of the UK Calls Service all of your outgoing calls may be diverted to our Customer Services department.

 

  1. Deposits

In addition to setting a Credit Limit, we may ask you to pay a non-interest bearing deposit which we will be able, at any time, to use to pay off any Charges you owe. Any such deposit will be reasonable and will be assessed in the light of your previous Candy Telecom bills and credit history. At any time, you may ask for a refund of your deposit but this may result in us reducing your Credit Limit.

 

  1. Faults and Repairs

If there is a fault with your Service, you should contact Customer Services, the number can be found on any of your telephone bills from us. In accordance with industry practice we will try and repair a service failure by midnight on the third working day (not including public and bank holidays) after the day you report the fault to us.

You may also be able to claim compensation if we fail to repair your Service or if we fail to respond to a fault when we said we would. Please contact Customer Services or visit our Website for further information on reporting a fault and details of our compensation policy. If your compensation claim is successful, the amount you receive will be credited to a later invoice. The maximum compensation claimable is £100.00 per line per annum.

Please note, you cannot claim compensation if:

You don’t qualify under the terms of our compensation policy;

You have not made your claim within one (1) month of the date on which we repaired the fault;

Someone other than Candy Telecom has caused the fault;

The fault was caused by something beyond Candy Telecom ’s control, e.g. network or atmospheric conditions;

We ask to come onto your property and you do not allow us to;

We reasonably ask you for other help and you do not give it; or

Your Service(s) haven’t been fully installed and activated at your address (whether you’re a new customer or are moving premises and taking your service with you).

If you have agreed to a visit from our engineer but the engineer is not able to come onto the Premises or gain access to the relevant equipment, we will charge you an abortive visit charge.

We can also charge you for any such engineer visit if we reasonably believe that you have caused the fault by damaging the phone line or phone plug in your wall.

When you report a fault we try to offer you guidance to check that it is not your own personal equipment which is causing the fault (i.e a faulty handset). If we send an engineer to attend your property and the fault is caused by anything which is not maintained by the network then a charge will be levied for this. This charge is explained to you before the engineer attends your property.

 

  1. Ending a Particular Service or Changing a Tariff

The price that we charge for a bundle of products may be lower than the total price of the individual products in the bundle had they been ordered separately. If you take a bundle of Services, but later choose to take one or more of the Services from another telephone provider, you accept that we may charge for the remaining Services at their stand-alone price.

Please note that, if you make calls over another operator’s Network using an override code these calls may be charged at a higher rate than your normal Candy Telecom rates.

 

  1. If you wish to end your Contract

 

If you wish to cancel a Service, the following will apply:

to disconnect the Broadband Service you must tell us in writing 30 days in advance of leaving us;

to disconnect the UK Calls Service, you must tell us in writing 30 days in advance of leaving us.

When any services leaves Candy Telecom for any reason an admin fee is charged and this fee is payable within 7 days.

The fees are £25 per line connection and £25 per broadband connection.

If you wish to end this Contract, you must either call Customer Services or write to us at Candy Telecom Limited, Suite 1280, 109 Vernon House, Friar Lane, Nottingham, NG1 6DQ. Any legal proceedings that may be issued by you can only be served by sending them to us at the same address.

If you are ending your contract or any service before the end of your initial term then you will be provided with an early termination fee for the remainder of the contract.  This is detailed on our website or you can contact the Customer Service Department, the number can be found on any of your telephone bills from us.

 

  1. If we wish to end your Contract

If we wish to end your Contract we can do so by telling you in writing 30 days in advance.

Other instances when we can end your Contract

If you cancel or terminate any Service or change Tariff Plan you accept that we can cancel any other Service that we supply to you which relies on that service by giving you thirty (30) days’ notice.

If you breach your Contract, and we ignore your breach, or if the Service is suspended, we can still end your Contract if you breach it again or if the Service is suspended.

If at any time our ceases to provide services to us such that we are unable to continue to provide any of the Services, to you, we may immediately terminate our Contract with you.

We may terminate your Contract by giving you notice in writing, if: you are in material breach of these Conditions or you give us false credit information; or you are or become bankrupt or enter in to an IVA or similar creditors’ agreement.

 

  1. Other provisions

If we end your Contract for UK Calls Services, and you are not on our LLU Network, you accept that we can transfer your service either to BT, or back to your original provider without your consent.

If you end your Service with us, you will be responsible for transferring to another service provider. If you do not do this, you may be left without any telecommunications service.

If you have accepted any Service on the basis of it being offered by us ‘forever’, you acknowledge and accept that this can only apply providing that you stay as a Customer and we continue to offer the Service on our Network.

If at any time either you or us end your Service with us for any reason and you have made any cash, debit or credit card payments in advance for that Service or paid any deposit we shall only refund the excess of such payments that remains after settlement of all charges on your Candy Telecom account. If we have awarded you any goodwill credits during your Contract, we shall apply those first to any outstanding charges on your account before we send your final bill. However, if your Service is cancelled by you or us and any goodwill credits or any part of them remain after we have accounted for all outstanding charges on your account for that Service, those credits will be cancelled when your Service ends and you will not be paid or be entitled to claim the cash value of any such credits, or to otherwise redeem them or transfer them to any other Candy Telecom account holder or to any third party.

 

  1. Your use of the Services

You agree not to use the Services:

for making calls, sending data, publishing, knowingly receiving, uploading or downloading any data or material which are or may be reasonably deemed to be a nuisance, a hoax, abusive, obscene, racist, defamatory, menacing, indecent (including to the Customer Services operators who deal with enquiries concerning the Service), in breach of confidence, in breach of any intellectual property right (including copyright) or which is otherwise objectionable or unlawful, or you allow others to do these things or is of a nature which if transmitted would constitute a criminal offence, to do anything (or allow anything to be done) which we think (acting reasonably) may damage or affect the operation of any Network, to cause annoyance, inconvenience or needless anxiety to any other person, company or organisation, to send or procure the sending of any unsolicited advertising or promotional material, for any purpose which we may reasonable notify you of, from time to time, due to the introduction of new legislation or applicable regulations, as a means of communication, the purpose of which is other than that for which the Service is provided (including without limitation abusive or malicious calls), or which is carried out in an unauthorised way or for fraud or criminal activities, for purposes of intrusion, or attempts to intrude, into the equipment and systems of any third party, or the mounting of any harassment campaign including Denial of Service Attacks, in any way which does not comply with instructions given to you by us, our agents or our authorised contractors, other than in accordance with the acceptable use policies of the Network and (if appropriate) any relevant internet standards.

You must comply with any instructions we give you about the   Service and you acknowledge that we and our agents may give you instructions from time to time which we (or they) believe are necessary for health, safety or the quality of other telecommunications services provided to you.

You acknowledge that the Service is provided to other consumers and we owe a duty to them as a whole to preserve our Network integrity and to avoid Network degradation. If, in our reasonable opinion, we consider the usage to be non consumer it maybe necessary change your Services, or manage your use of, or access to our Broadband Service as we see fit in the circumstances. These reasons include but are not limited to, any circumstances where you are running an application or program that places excessive bandwidth demands on the Broadband Service for continued periods. Our standard consumer broadband offering is truly unlimited and has no traffic management applied to it.  For the reasons set out above, on Fibre Optic services we have applied a fixed limit or a cap to the amount of data that you may download. If you would like to know more about download limits please go to our Fair Usage Policy which can be found at http://www.candytelecom.co.uk

You accept that we may apply limits to your use of any Service, which we provide. We may do this for various reasons including, without limitation, if your use of the Services is not appropriate or fair or affects (or may affect) other users’ enjoyment of the Service or is significantly different from the usage that we would expect from a typical consumer user. If you exceed any limits which apply to you personally or your Tariff Plan, you should be aware that this could result in us imposing on you:

limits of access to the Services; and/or

reasonable charges for use of our Broadband Service outside of any download and/or upload limits on our Broadband Service; and/or

charges at our normal rates for calls which we regard as being beyond a ‘fair’ use of our UK Calls Service . We refer to this as our ‘Fair Use’ policy. You can obtain full details of this from Customer Services or by accessing our Website. Furthermore, if under which we could impose a limit, we may also, at our sole discretion, suspend or terminate your ability to access the Services but we will only do this is if it is reasonable in all the circumstances.

In addition, we reserve the right, at any time, to give priority to certain other users of our Network in preference to you. We may do this for various reasons and in various circumstances, which may include, without limitation, times when we offer new technology or products, such as voice over internet protocol (“VOIP”) which increase the demand on our Network.

If you have registered your account with us, you must tell us promptly in writing if you change your name and address or there are any changes to your payment card arrangements, which may affect your payment of the Charges.

 

  1. Liability

Nothing in these terms shall exclude or limit our liability for death or personal injury caused by our negligence or that of our agents, or for any liability arising under Part I of the Consumer Protection Act 1987.

We shall not be liable for any loss that is not reasonably foreseeable nor for any loss calculated by reference to profits, income, or business or loss of such profits, income, or business or for any loss of data or goodwill.

In transferring you onto our Services and in providing the Services to you thereafter, we have to rely on other Network Operators and other providers of telecommunications services. Accordingly, we do not accept liability for the acts or omissions of Network Operators or other providers of telecommunication services.

Our aggregate liability, whether in contract or for negligence or breach of statutory duty or otherwise, to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed £5,000 for any one incident or series of related incidents.

The limitations of liability set out are in addition to any other provisions limiting our liability set out elsewhere in these Conditions.

Nothing in these Conditions shall impose any liability on us in respect of non-performance of the Service where the performance claimed is outside the terms of your Contract or where such non-performance is directly due to your acts, omissions, negligence or default.

The Broadband Service allows you to access the internet and you agree that your use of the internet through the Broadband Service is at your own risk and subject to all applicable laws. We recommend that you install security software on your PC before accessing the internet. We may offer you anti-virus software or other security features as part of your Tariff Plan or as an additional service. Where such anti-virus software or other security features are in addition to the standard features of your Tariff Plan we shall be entitled to charge you for its use. We expect any anti-virus software of other security features which we provide to you to be effective but we cannot guarantee that it will protect your PC from all harmful or malicious traffic disseminated on the internet. We shall not be liable for any loss or corruption of data or any losses you may suffer arising from your use of (or failure to use) any anti-virus software or other security features. You agree that it is your responsibility to protect your PC against viruses and to back up all data to protect against loss or corruption of such data. We shall have no responsibility for any goods, services, information, software or other materials that you use or obtain when using your PC whether offline or online for accessing the internet (including e-mail).

We do not warrant or guarantee the accuracy or completeness of any Content provided with the Broadband Service, including without limitation, any information, sound, data, software or other materials (in whatever form). You agree that any use that you make of any such Content is at your sole risk and is subject to any third party terms and conditions applicable to that Content.

Although alarm signals can be carried across a Network, we are not responsible for lack of service or failure to deliver an alarm signal due to:

your use of the Services;

a Network going down;

suspension of your account;

failure arising from any misuse of the phone line or telephone equipment;

your telephone line being migrated to our LLU Network; or

for reasons out with our control (including, without limitation, if there is a technical failure of a Network, because a Network is being tested, modified or maintained or if access to any Network is denied to us).

 

  1. Matters beyond Our Reasonable Control

Sometimes we are unable to do what we have agreed due to something beyond our reasonable control. If this happens we do not accept responsibility for what has occurred. You may not transfer the whole or any part of the Contract without our prior written consent. Your Contract may be administered in whole or part by another company within the Candy Telecom Group.

 

  1. Disputes

We have a customer complaints code which explains the steps you need to take when you want to complain to us about something. You can get a copy from our website or by calling our customer service department, the number can be found on any of your telephone bills from us.

 

  1. Codes of Practice

We seek to provide our Services in accordance with our Code of Practice. The code is available on our website or by calling Customer Service, the number can be found on any of your telephone bills from us.

 

  1. How We Can Notify Each Other

Any notice which has to be given under these Conditions shall be in writing and shall be deemed to have been given by us if, left at or sent by post to you at the address stated in your application or any other UK address you supply to us for this purpose, or by you to us at the address given on your last monthly bill. Any notice or document shall be deemed to have been delivered immediately (if delivered by hand) or 48 hours after posting. References in these Conditions to notices given to you by us “in writing” also include by email, which must be sent to your email address stated in your application or any other email address that you supply to us for the purpose. Notices given by us by e-mail shall be deemed to have been delivered the day after the day the notice is sent.

 

  1. Call Monitoring

Monitoring or recording of your calls may take place for our business purposes, such as quality control and training, to prevent unauthorised use of our telecommunications systems and to ensure effective systems operation and in order to prevent or detect crime.

 

We make every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party Networks over which we have no control.

Any calls you make using the Service, whether to Customer Services or otherwise, may be recorded and so you hereby grant us, or our agents, the right to monitor or record your calls, or emails for our lawful business purposes, such as quality control and training, to prevent unauthorised use of our telecommunications systems, to ensure effective systems operation and in order to prevent or detect crime.

Failure by either you or us to exercise or enforce any right conferred by statute or the Contract shall not be deemed as a waiver of any such rights nor prevent the exercise or enforcement of such rights at a later date.

Except in the case of any permitted assignment of the Contract, a person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any clause of the Contract.

These Conditions, and all other legal relationships between us shall be governed by English Law, unless you live in Scotland in which case Scots Law will govern, or in Northern Ireland in which case Northern Irish law will govern and are subject to the exclusive courts of England and Wales, Scotland or Northern Ireland according to which system of law governs this contract.

 

  1. Directories

Unless you tell us that you do not wish us to, we will include your name, address and telephone number in a telephone directory in printed/electronic format, a telephone directory available on the internet or world wide web and a directory enquiry service operated by us or by a third party. If you do not tell us that you wish to be excluded from such directories then you will be assumed to have consented to being included.

 

  1. Use of Your Information

We respect your personal information and undertake to comply with all applicable Data Protection legislation in place from time to time. We may hold information that you provide to us (such as by telephone on an application or Order form or registration form) or that we may obtain from another source (such as our suppliers, marketing organisations or credit reference agencies). This information (“Your Information”) may include your name, address, date of birth, gender, telephone numbers, email address, bank and Credit or Debit Card information, occupation and employment data, lifestyle information and details of how you use the Services, which may include for example and without limitation, traffic data related to your use of the Mobile Service or the UK Calls Services including, without limitation, the numbers you call, the type, date, time, location, duration, and cost of calls, messages or other communications, the addresses you send messages to, or your use of the Broadband Service, such as how long you are on-line, your browsing activities and other general information about the way you pay and manage your account.

We may share Your Information with: companies within the Candy Telecom Group; and, in the event that we undergo a re-organisation or are sold to a third party, you agree that Your Information may be transferred to that reorganised entity or third party for the purposes and subject to the terms of these Conditions.

 

  1. How Your Information May be Used

Your information may be held and used by us for a number of purposes and we may use third parties to support us with purposes which include, without limitation:

processing your Orders or applications; administering your account and billing; settling accounts with those who provide related services to us; disclosing your data to banks and debit and credit card companies to validate your Credit or Debit Card details; dealing with requests, enquiries or complaints and other Customer care related activities; debt recovery (also using recovery agents and agents facilitating contact with you) and legal actions and all other general administrative and business purposes;

carrying out market and product analysis of Your Information to develop and improve and to tell you about Candy Telecom Group’s products and services, new developments, special offers, discounts and awards which we believe may be of personal interest to you. We may tell you about these by post or telephone. We may also tell you by email, fax, SMS, MMS, automated telephone call and via world wide web, subject to any preferences indicated by you at the time you apply to enter into this Contract or subsequently;

contacting you about the products and services of carefully selected third parties and allowing you to receive advertising and marketing information from those selected third parties but without passing control of Your Information to the third party concerned;

passing on data to organisations from which you have ordered any products and services; registering your details and allocating or offering you rewards, discounts or other benefits and fulfilling any requests or requirements you may have in respect of our and Candy Telecom Group’s loyalty or reward programmes and other similar schemes;

inclusion in a telephone directory in printed/electronic format, a telephone directory available on the internet or world wide web and a directory enquiry service operated by us or by a third party but only where you have consented to this;

carrying out any activity or disclosure in connection with a legal, governmental or regulatory requirement on us or in connection with national security, legal proceedings and for the prevention and detection of crime or fraud and the prosecution of offenders or suspected offenders; and/or

 

carrying out activities connected with the running of our business such as personnel training, quality control, Network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of our business in respect of which you are a Customer or a potential Customer.

 

  1. Records

We may also pass your information for any specific purpose to certain third parties (some of which may be based outside of the European Union) where this is necessary or otherwise required or allowed to those who provide products or services that support the Services that we provide, such as our dealers and suppliers; credit reference agencies (unless we have agreed otherwise) who may share your information with other credit and insurance organisations and who may keep a record of the searches we make against your name; if someone else pays your bill, such as your employer, that person; those agencies and organisations involved in the prevention or detection of fraud or crime or the apprehension or prosecution of offenders, including the operators and participants of crime prevention schemes in which we participate who may compare Your Information with information collected from other sources and who may keep a record of the searches we make against your name; and anyone we transfer our business to in respect of which you are a Customer or a potential Customer and they may use and disclose Your Information for the same purposes as us.

You should be aware that if we are requested by the police or any regulatory government authority investigating suspected illegal activities to provide your user information or information concerning your activities whilst using the Service we shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning your use that is deemed by us to be inconsistent with these terms.

We may disclose to third parties aggregated data related to the use of the Service provided that a single individual is not identifiable in such data.

 

  1. The Information Commissioner

A comprehensive description of how we use personal information is publicly available from the Information Commissioner – please see: www.dataprotection.gov.uk.

If you would like us to tell you what information we hold about you, please write to us . We may charge a £10.00 administration fee; please quote your full name, address, fixed line or Mobile Phone number (as appropriate) and account number on all requests. You can also call Customer Services to correct or update any inaccurate or incomplete information and to advise us of any preferences you may have concerning how you can be contacted for marketing purposes or to indicate your preferences for directory entries.

 

  1. Credit Checking and Account Collections

 

You agree to the disclosure by us of the following information to any telecommunications company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, credit provider or security agency:

any information relating to your Contract with us including details of how you conduct your account and your obligations to us and your personal financial information;

any information which is covered by our registration under the Data Protection Act 1998 as amended from time to time; and

any information which we are required by an order of any court of competent jurisdiction or by statutory authority to disclose.

We may also use the information you supply to carry out credit checks to help decide whether to accept your application or future applications, and to verify your identity and to protect our legitimate interests. This may involve searching information held about you by licensed credit reference agencies who will record details of the search and your application.

We may use a combination of credit scoring and/or automated decision making systems when assessing your application.

If you proceed with an application we may subsequently disclose details to credit reference agencies of your Contract, the payments you make under it, account balances and information about any default, dispute, queries and debts. We may also disclose details of any reported change of address or changes of which we become aware. We may also check and share your details with fraud prevention agencies who will record details of any false or inaccurate information provided by you or where we suspect fraud.

The information may also be used by us, credit reference agencies and other organisations to:

help make decisions about other credit applications by you or other members of your household with whom you are linked financially; and

trace debtors, recover debts, prevent money laundering and to prevent and detect fraud.

Information held about you by the Credit Reference Agencies may be linked to records relating to your partner. Under certain circumstances, you may be entitled to request that you and your partner are financially independent and your application may then be assessed without reference to any “associated” records, although you recognise that this may adversely affect the outcome of your application. You believe that there is no information relating to your partner that is likely to affect our willingness to offer financial services to you. You authorise us to check the validity of this declaration with credit reference agencies and if we discover any associated records, which would affect the accuracy of this declaration we may decide not to proceed with the application on this basis.

Records held by fraud prevention agencies may also be shared with other organisations to help them make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for you and members of your household.

If you do not become our Customer or if your application is declined we will continue to hold information about you for such period as we determine for the purposes of dealing with enquiries, complying with any legal obligation and for crime and fraud prevention and detection.

You can ask us at any time for details of the credit reference and fraud prevention agencies to whom your information is disclosed and from whom it was obtained however we will not be able to provide you with any information relating to reasons for your failure to pass the credit scoring or automated decision making systems operated by these agencies or other information held by such agencies. If requested we may be able to give you details of the sorts of information we take into account when assessing an application.

 

  1. Changing these Conditions

We may change these Conditions at any time for legal, regulatory or commercial reasons. We will notify you of all such changes in writing and/or by publishing them on our Website.

If we believe such changes are to your material detriment we will give you at least thirty (30) days’ notice of such changes by writing to you and/or publishing them on our Website or providing them on our Customer Services telephone line by way of a recorded message or by posting them on our website

If you object to any change that we believe is to your material detriment you may terminate your Contract without charge provided that you notify us in writing within thirty (30) days of our notification to you of the relevant change.

When we notify you of any change to these conditions, we will remind you of your right to end this contract without charge

This Contract sets out the whole agreement between you and us for the provision of the Services and supersedes all prior agreements between you and us. Neither of us has relied on any representation arrangement understanding or agreement (whether written or oral) not expressly set out in these Conditions.

If any particular clause of these Conditions shall be, or be held to be, invalid or shall not apply to the Contract, the other clauses hereof shall continue in full force and effect.

 

  1. Distance Selling

If you ordered any Service (as defined below) from us either over the internet, by telephone, by mail order or by any method which has not involved meeting a member of our staff in person, then the Consumer Protection (Distance Selling) Regulations 2000 (“Regulations”) mean that you are entitled to cancel the Contract (as defined below) at any time up the earlier of the following:

7 working days after receiving these terms and conditions for any Service or up to but not including, the date our supply of that Service to you commences (each known as “the Trial Period” or “cooling off period”)

If you wish to exercise your right to cancel the Contract then you must notify us in writing of such cancellation within these Periods.

If we have supplied you with any goods without charge (for example a wireless router) you must then return the goods to us undamaged and in their original packaging, by sending them special delivery to Candy Telecom Limited, Suite 1280, 109 Vernon House, Friar Lane, Nottingham, NG1 6DQ]

You will be deemed to have received these terms and conditions 48 hours after they are posted or emailed to you.

Please note that if you do not return all the goods you have received, we shall be entitled to charge you for the costs we incur in collecting them from you. These terms and conditions do not affect your rights under law. Finally, please note that if you have commenced using any Service after receiving these terms and conditions, you will be deemed to have accepted these terms and conditions and agree that you will also lose your statutory right of cancellation under the Regulations.

Regardless of the above, we will not charge you anything if you cancel your Service no later than the day before the ‘go-live date’ communicated to you by us.

We have a customer complaints code which explains the steps you need to take when you want to complain to us about something. You can get a copy from our website or by calling our Customer Service Department, the number can be found on any of your telephone bills from us.

 

  1. One Month Rolling Contract

Candy Telecom offers a rolling one month contract for one of our call and unlimited broadband package only.

The following termination charges will be applied to your final invoice, termination of contract £50.00 plus a router charge of £39.99 (if applicable).

If you do not request for a router at point of sale and do so after your services are live an upfront charge of £39.99 plus delivery will be required.