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IMPORTANT!
If you ordered any Service (as defined below) from us either over the internet, by telephone, by mail order or by any other distance selling method you may cancel the Contract (as defined below)
pursuant to the Consumer Protection (Distance Selling) Regulations 2000 (“Regulations”) at any time up to 7 working days either after receiving these terms and conditions for any Service or if
sooner up to but not including, the date our supply of that Service to you commences (“Trial Period”) provided that you notify us in writing of such cancellation within the Trial Period and return
any goods (for example a Modem or SIM Card) we may have sent you to us, undamaged and in their original packaging, (or if you ask us, in the prepaid returns envelope that we shall send you)
together with proof of purchase, by sending them special delivery to Talk Talk Telecom Limited, PO Box 156, Birchwood, Warrington WA3 7WR. You will be deemed to have received these terms
and conditions 48 hours after they (or a summary of them which sets out the main terms of your Contract and also explains how you can obtain a copy of the full terms that are ‘incorporated by
reference’ into your Contract) are posted 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. This does not affect your statutory rights. 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. These terms are effective from 1st September 2006.
TalkTalk Telecom Ltd offers various telecommunications services as follows: line rental (“LR”), voice calls (“Calls”), mobile airtime (“Mobile”) and internet broadband (“Broadband”) (together the “Services”). Set out
below is a summary of the terms and conditions of the Services and the full terms of your Contract are set out in the TalkTalk ‘Terms and Conditions’ (the “Conditions”). Please take the time to read these which
can be obtained by: accessing our website at www.talktalk.co.uk; visiting your local Carphone Warehouse Store; or telephoning Customer Services on 0870 444 1820 between the hours of 8am and 8pm Monday to
Friday, 9am and 6pm on Saturdays and 10am and 5pm on Sundays.
General - The words and phrases used in this summary have the same meanings as in Schedule 1 of the Conditions. We may require you to provide whatever proofs of your identity and address that we consider reasonably necessary.
In certain circumstances we may ask you to pay a deposit before we connect you to any Service. Full details are given in clause 9 of the Conditions.
When you enter any Contract for our Services it may have minimum term. Full details of these Minimum Periods are set out in the Conditions but the following will generally apply:
i. for any Customer who enters a Contract for either the Broadband Service only or for a new line installed for the LR Service, the Minimum Period is twelve (12) months from the Commencement Date of any such Broadband Service
or from when this new line is active. If this Broadband Service or new line is provided using LLU (the technology that allows us to use our own equipment and own the connections for the local exchange, instead of BT, so as to offer
services to you) you may be subject to a longer Minimum Period being at least eighteen (18) months from the relevant Commencement Date;
ii. notwithstanding the provisions of paragraph i. above, if you enter (or upgrade to) a Contract for certain TalkTalk products such as our combined products (i.e. any product under which you receive our LR Service, our Call Service
and our Broadband Service), your Contract will have a Minimum Period of eighteen (18) months starting from the Commencement Date of your connection to the Call Service element of that product. On connection to any Service you
may also be charged a fee. We will tell you if any of these provisions apply to you.
Once connected, you can terminate your Contract by giving us the period of written notice relevant to the Service you wish to terminate. These periods are set out in clause 10 of the Conditions.
If you have one of our combined products referred to in paragraph ii above, and you terminate any one element of that Service or change to a lower Tariff, we will be entitled to terminate the rest and you may be liable for all
disconnection or other charges, which arise as a result.
In addition if you are an LR Services Customer and elect to use another provider for some or all of your calls and so are no longer a Call Service customer, we may at our sole discretion decide to: (i) bar your use of the IDA codes, (ii)
charge you a higher fee for your use of the LR Service (iii) disconnect the LR Service or (iv) terminate the other Service(s) you receive from us. If you move any Service to another provider within a Minimum Period we may charge you an
administration fee of at least £70.
TalkTalk £1,000 Challenge - You may be eligible to participate in the TalkTalk £1,000 Challenge the further details of which are set out in clause 4.9. However, certain customers are ineligible including any Customer who receives their
Services from any third party operating under licence from TalkTalk.
Inclusive Calls - If your Tariff Plan includes “Inclusive Calls” they are:
a. only available to residential Customers who make calls to other TalkTalk Customers in the UK and who use TalkTalk as their Call Service provider;
b. must be made to numbers that start with 01 or 02; and
c. not provided for business purposes or any other use inconsistent with normal residential usage.
Certain Customers who use an indirect access service (whether under the ‘Talk Now’ brand or otherwise) or who receive their Services from any third party operating under licence from TalkTalk are excluded from participating in
Inclusive Calls.
The Mobile Service -To access the Mobile Service you must also be customer of our Call Service. If your contract for the Call Service ends your ‘inclusive calls’ under you Mobile Service Contract will also cease. Your access to the
Mobile Service is dependant on you paying £10 per month per SIM Card we issue to you..
Personal Information - We will use the personal information you give us to help us manage your TalkTalk account efficiently. For example, we may use your personal information to assist in handling any queries, sending bills to you
and sending you information on products and services which may be of particular interest to you. Occasionally we need to pass information about you to third parties or government agencies. Full details are given in clause 11 of the
Conditions.
Unless you ask us not to, we will send you marketing material relating to TalkTalk products and services, those of The Carphone Warehouse Group PLC and its subsidiary companies and of selected other third parties. We may also pass
information about you on to other reputable organisations for sales and marketing purposes.
TalkTalk Privacy - We may if you give us permission register you for the TalkTalk privacy using the Telephone Preference Service. Further details are in clause 1 of the Conditions.
Code of Practice - TalkTalk has a Code of Practice for all Services. If you would like to obtain a copy, just visit our website at www.talktalk.co.uk/code or call us on 0870 444 1820.
Resolving Complaints or Disputes - If you have a complaint or query regarding any aspect of the Services including your bill, please contact our Customer Services team between the hours of 8.00am and 8.00pm, weekdays and of
9.00am and 6.00pm on Saturdays (10.00am to 5.00pm on Sundays) (except certain public holidays) by calling on 0840 444 1820 or by writing to us at Talk Talk Telecom Limited, PO BOX 156, Birchwood, Warrington, WA3 7WR. Please
include both your phone and customer account numbers in any correspondence. If you are not happy with our response you may refer your complaint to the Telecoms Ombudsman at www.otelo.org.uk or on 0845 050 1614.
Other Important Matters - We shall be entitled to amend our Charges and will notify you of any changes. Any such notification may include sending you notice in writing and making the amended list of Charges available in Carphone
Warehouse stores or on our website at www.talktalk.co.uk.
If the Charges on your particular Tariff Plan are decreased this will be reflected in your next bill, however, we will not automatically migrate you onto any other lower Tariff we may launch for any of our Services. Should we increase the
Charges we shall provide you with 30 days notice of such increase and the increase will take effect from the end of that period. You may be entitled to terminate the relevant Service if we increase the Charges. Further details of how a
Contract may be terminated are given in clause 10 of the Conditions. We may terminate your Contract if you: provide incorrect information; fail to pay your bills on time; or are in breach of the Conditions.
Our liability for direct loss is limited to a maximum of £5,000 per claim or series of related claims and we shall have no liability for any indirect or consequential loss.
Please ask us if you’d like to know the names of the credit reference agencies concerned. All of them are entirely independent of us, so we are not responsible for the accuracy of the information
supplied. Each of them will make a note of the search on the file they hold on you.
We may also make credit information we hold on our databases, including details of how you have performed in meeting your obligations, available to others who are carrying out credit
assessments and for occasional debit tracing and anti-fraud purposes.
Full details are given in clause 11 of the Conditions.
The small print
(Full terms and conditions)
for
Line Rental (including LLU) (“LR”)
Call Service (using Carrier Pre-Select) (“Call Service”)
Internet Access (Broadband and/or IP Stream) (“Broadband”)
TalkTalk Mobile (“Mobile”)
Contents
1. General Provisions Relating to the Services
2. Specific Provisions Relating to the LR Service
3. Specific Provisions Relating to the Call Service
4. Specific Provisions Relating to the Broadband Service
5. Specific Provisions Relating to the Mobile Service
6. Your Use of the Services
7. Suspension of the Service(s) by Us
8. Liability
9. Charges and Payment
10. Ending Your Contract
11. Use of Your Information
12. Matters Beyond Reasonable Control
13. Transfer
14. Disputes
15. General
If you ordered any Service (as defined below) from us either over the internet, by telephone, by mail order or by any other distance selling method you may cancel
the Contract (as defined below) pursuant to the Consumer Protection (Distance Selling) Regulations 2000 (“Regulations”) at any time up to 7 working days either 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 if sooner (“Trial Period”)
provided that you notify us in writing of such cancellation within the Trial Period and return any goods (for example a Modem or SIM Card) we may have sent you to
us, undamaged and in their original packaging, (or, if you ask us, in the prepaid returns envelope that we shall send you) together with proof of purchase, by sending
them special delivery to TalkTalk Telecom Limited, PO Box 156, Birchwood, Warrington WA3 7WR.
You will be deemed to have received these terms and conditions 48 hours after they are posted 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. If you require any advice or assistance we would suggest you contact your local branch of the Citizens'
Advice Bureau who should be able to help.
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.
Eligibility
1.1 The Services are for home u se only and not for bu siness.
1.2 To place an y Order you mu st be at least eight een (18) years old and you agree th at the det ails that you pro vide to us on your Order shall be true, accurat e and complete.
1.3 Our Service( s) may not be available to a small number of cu stomers in cert ain circumst ances. We will tell you if this applies to you.
Duration
1.4 The Services, which you ent er a Contract for will st art on the Commencemen t Dat e and will continue until terminat ed in accordance with clau se 10. Your Contract may be also subject to a Minimum
Period but we will tell you what this is before you sign up.
Equipment
1.5 Oth er than a Modem, (which we may provide to Customers of our Broadband Service under clause 4) and/or a SIM Card (which we may pro vide to Cu stomers o f our Mobile Service under clause 5), we
do not pro vide you with an y equipment (su ch as a telephone). We are not responsible for an y problems you may have with such equipment.
1.6 You agree not to connect equipment to our net work that may harm it or other cu stomers’ equipment. If you do, you mu st disconnect it immediat ely, or allow u s to do so at your expen se.
Your Bill
1.7 We will send you a bill, which you mu st pay on time. We may send you separat e bills if you tak e more than one Service from us. If you choo se to manage your account online, you mu st pro vide us with a
working email address so that we can send you our bill.
1.8 Please no te th at you cannot change your billing email address on line and to mak e this change you will have to phone Cu stomer Services or writ e to us at TalkTalk Telecom Limited, PO Box 156,
Birchwood, Warrington WA3 7WR.
Telecommunication Networks
1.9 When we pro vide you with a Service, we will use the reason able skill and care of a compet en t service pro vider but we cannot guaran t ee th at the Service will never be fault y. This is becau se t he
Net work s, which allow you to access the Services may be pro vided by other third part y companies o ver which we do no t have control. For example, we sh all have no liability if, from time to time, the
Mobile Service is impaired by too many people trying to use th e relevan t Net work or by geographical, topographical, atmospheric, or other condition s (including buildings, underpas ses and oth er
cau ses of int erf erence).
1.10 You accept that you do not own any t elephone number we mak e available to you under your Con tract. You agree not to tran sf er the number to an yone else or to try to do so. You accept that we may
have to change your telephone number. We will try and do so only when it is reasonably neces sary or if we are request ed to do so by Of com or other similar regulator. We will tell you before we
change your number. You may request u s to ‘port’ your number from anoth er communication s provider and we will try to do this wherever it is reasonably practicable. However you accept t hat this
may not alway s be possible. In these circumst ances we may have to pro vide you with a new number. If you have an y question s in this regard please call Cu stomer Services.
1.11 You accept that the price that we charge for a bundle of product s may be lower compared to prices of th e individual product s in the bundle tak en togeth er. If you tak e a bundle of service but lat er
choo se to tak e one or more of th e services from anoth er t elephone pro vider, you accept that we may charge for the remaining services at their stand-alone price.
1.12 Please no te th at, if you mak e calls o ver the BT Net work u sing the BT override code (1280) thes e are likely to be charged at a higher rat e than your normal TalkTalk rates.
Transferring a Service
1.13 We will try and give you the same set of services that you received from your previou s telephone provider. However you accept that this may not be possible in some limited circumst an ces.
Furthermore, since the services will not be automatically ret ained on tran sf er to TalkTalk, we can only pro vide you with services, which you specifically select ed when signing up to u s.
1.14 If, immediat ely prior to receiving the Services from us, you were a customer of BT, some calls (such as sub scriber or premium rat e services) that appear on your TalkTalk bill may involve addit ional call
charges. We will charge you for these at our rat es as set out in our list o f Charges (as amended from time to time).
1.15 You may have existing contract s for t elecommunication s services (i.e. line rent al, or calls, or broadband, or mobile) with your old service pro viders, which have minimum service periods in them. You
are respon sible for checking any such contract s and for paying for any ongoing charges or charges on termination you may have to pay to your old service pro vider. These will be in addition to our
charges.
1.16 If you move house and want to acces s the Services at your new address you may need to set up new account s for that location by calling Customer Services. You will have to pro vide us wit h what
we regard as suit able proof of your new address if you wish to receive the LR Service or the Broadband Service. We will follo w good indust ry practice in deciding what proof s o f address are required.
If you do not pro vide this information we will not be able to terminat e your existing account and you will be liable for an y charges that remain due in respect of th e remainder of the term for the
particular Service (for example, the remainder of th e Minimum Period for the Broadband Service).
TalkTalk Privacy
1.17 If you have given us your permission, we will register your telephone number for ‘TalkTalk Privacy’ using the Telephone Pref erence Service (“TPS”) registry. The TPS is a cen tral regist er of individuals
who have indicat ed that they do not wish to receive un solicit ed sales and mark eting calls. Regist ering your telephone number on the TPS will stop telemark eting calls from all other companies in the
UK, including those who regard you as a cu stomer unless you have previou sly told them you have no objection to them calling you.
Codes of Practice
1.18 We seek to pro vide our Services in accordance with our consumer code of practice. The code is available on www.talktalk.co.uk or by calling our cu stomer services.
Connection Fee
1.19 When you connect to our Net work you will usually be charged a connection fee (“Connection Fee”). This Connection Fee is levied in addition to an y oth er Charges, which may be due under an y other
t erm of these Conditions and it arises primarily from charges which BT levy on us. Accordingly, we reserve th e right to pass on some or all of these charges to you and if appropriat e to charge you for
an y additional relat ed expen ses we may incur in relation to your connection. The Connection Fee will usually be charged at th e point of connection to the relevan t Service but if you take more than
one Service from us it will be levied only once. The Connection Fee is curren tly £29.99 but we reserve the right to increase, decrease or even waive this amount from time to time. We will notif y you in
ad vance if it is to be increased and you may be able to terminat e you contract in accordance with clau se 15.1.
1.20 In some inst an ces, we may pro vide the Services to you through a third part y Net work Operato r. Ho wever, development s in Net work technology (known as LLU) may subsequently enable us to
provide the fixed line Services to you through our own Net work. We shall let you kno w when these developmen t s occur. At that time, you may become subject to additional and/or diff eren t part s of
th ese Condition s but we will still off er the same Services to you as tho se, which you received from us before your line was ‘migrat ed’ to our LLU Net work. On the day that we tran sf er you to our LLU
net work, you may experience a temporary lo ss of Service of up to 24 hours. Aft erward s, you may also have to re-set your access numbers and/or password s.
1.21 When you have been tran sf erred to our LLU net wo rk, you need to be aware that:
1.21.1 you may no longer be able to use some telecommunication s services you purch ase from other t elephone pro viders, such as indirect acces s services ( wheth er u sing the BT
1280 or other indirect acces s codes); and
1.21.2 if you wan t to swit ch one or more of your services to anoth er telephone provider, we may have to provide your remaining Service( s) through anoth er Net work. You accep t that
you may have to pay additional charge for receiving Services from us in that case.
1.22 These Conditions do not af f ect your right s under law. If you require an y assist ance we suggest you cont act your local branch of the citizen s’ ad vice bureau who should be able to help.
General
2.1 If you tak e our LR Service you mu st also tak e our Call Service. Your cont ract for our LR and Calls Service will not include: telephone or other equipment (other th an line rent al); intern et acces s ; or calls
via our Mobile Service.
2.2 If you use anoth er pro vider for broadband and/or mobile, you will therefore need to continue paying them in order to receive tho se particular services.
2.3 If we provide your LR Service o ver our LLU Net work you will not be able to acces s the broadband service of f ered by another provider whilst on our LLU Net work and you agree to terminat e your
cont ract with your existing intern et service pro vider. This pro vision does not of course apply to you if your previou s broadband service was pro vided by TalkTalk. We are not liable for any charges
which may arise as a result of the termination of your contract with your existing broadband int ern et service pro vider.
2.4 If you are a Cu stomer of the LR Service only you are not eligible to:
2.5 At an additional co st, we can also provide you with the follo wing optional LR select services:
2.5.1 voicemail;
2.5.2 voicemail plus;
2.5.3 call waiting;
2.5.4 ring back;
2.5.5 call divert;
2.5.6 withhold number all calls;
2.5.7 anon ymous caller reject;
2.5.8 last caller barring; and
2.5.9 caller display.
2.6 Please no te you can only change your select service option s once in an y given month. We will mak e any request ed change to your service with ef f ect from the following month.
Moving House
2.7 If you are mo ving home, we will do our best to arrange the tran sf er of your line whilst ret aining your existing telephone number. Ho wever, you accept that we may no t alway s be able to do so and we
are not liable to you if we cannot.
2.8 You accept that the in st allation of a new line in your new home will usually at tract new line connection charges and a new t welve (12) month minimum term cont ract.
2.9 If you have been allocat ed or cho sen to obtain a new number, you accept that we may bill you for your calls at a higher rate th an normal un til our Call Service has been activated on your line.
2.10 If there is a fault with your Service, you should cont act Cu st omer Services. We will try and repair a service f ailure in line with the repair service you have cho sen. Normally this mean s b y midnight on
th e first weekday (not including public and bank holidays) af t er the day you report the f ault to us.
2.11 You may also be able to claim compen sation if we fail to repair your service when we said we would. Please cont act Cu stomer Services or visit our Web sit e for furth er det ails.
2.12 If you are not on our LL U net work, we will try and repair a service failure by midnight on the first weekday (not including public and bank holidays) af t er the day you report the f ault to u s. You can only
report a fault within normal business hours (8am – 5pm on weekdays).
2.13 If you are on our LL U net work, we will try and repair a service f ailure within 48 hours from when you report the fault to us. You can only report a fault within normal busines s hours (8am – 5pm on
weekday s).
2.14 If our engineer fails to turn up at your home when we said they would, you can claim compen sat ion from us for the incon venience. Compen sation will be available if we eith er fail to keep our
appointment with you, or we fail to repair on time a fault that could be fixed without us needing to fix up an appointmen t with you. In these circumst an ces you will be entitled to claim up to 35% of your
monthly line ren tal Charge (this is for your line rent al subscription only and does not include any Charges relating to your calls). If your compen sation claim is succes sf ul, the amount you receive will
be credit ed to a later invoice. The maximum compen sation claimable is £500.00 per line per annum.
2.15.1 you have not made your claim within one (1) mon th from when we put thing s righ t;
2.15.2 someone oth er than TalkTalk has cau sed the fault;
2.15.3 we ask to come onto your propert y and you do not allow u s to;
2.15.4 we reasonably ask you for other help and you do not give it.
2.16 If you have agreed to a visit from our engineer but the engineer is not able to come on to your propert y, we will charge you an abortive visit charge.
2.17 We can also charge you for an y such engineer visit if we reason ably believe that you have cau sed the fault b y damaging the phone line or phone plug in your wall.
Transferring Services
2.18 If you are an LR Services Cu stomer and elect to use anoth er pro vider for some or all of your calls we may, at our sole discretion, decide to: (i) bar your use of IDA codes; (ii) charge you a higher fee for
your use of the LR Service; or (iii) disconnect your LR Service (or Broadband Service if applicable).
2.19 If we provide the Services to you o ver our LLU Net wo rk, we may also charge you a higher fee for your Broadband Service.
General
3.1 Your cont ract for the Call Service does not include line rent al, mobile phone service or broadband. You will need to con tinue paying your existing pro viders for tho se services.
3.2 If your t elephone line is f ault y and you do not tak e our LR Service, you will need to cont act yo ur Line Rent al Pro vider (u sually BT) to repair and maintain the line and/or connection in accordance wit h
th e terms and conditions of your agreemen t with them. We are not respon sible for an y charges you may incur as a result.
3.3 Calls to the Channel Island s and the Isle of Man are not au tomatically included in your Tarif f Plan or in an y promotion o f fered b y TalkTalk. In addition your Call Service will not include the ability to ma k e
calls to the following coun tries: Nigeria, Columbia, Russian Federation, Bangladesh, India, Pakist an, Sao Taome, or Kuwait. We may permit you to call these countries but we may also withdraw su ch
access at an y time.
TalkTalk Plus Customers
3.4 If you are a TalkTalk Plu s Cu st omer, in the even t that fu ture ch anges to th e way in which we purchase t elecommunication s services f rom BT and oth er Net work Operators permit u s to t ak e o v er
respon sibilit y for your telephone connection (i.e. your line rent al) including the billing of your line ren t al charge (i.e. the LR Service), we will do so subject to the following procedure:
3.4.1 we will pro vide you with at least one month’s writ t en notice before th e propo sed t akeo ver dat e. This notice will give you the opportunit y to object to su ch a t akeo ver within 14 days o f receipt
of our notice;
3.4.2 on expiry o f the notice in clau se 3.4.1 abo ve, we will send you a st atu tory tran sf er let t er which will give you ano ther opportunit y to object b y cont acting u s within 10 days o f receipt of t ha t
let t er; and
3.4.3 on expiry of the period ref erred to in clau se 3.4.2 abo ve, th e respon sibilit y for your t elephone connection will be tran sf erred to TalkTalk and you will receive a let t er f rom u s confirming that th is
has happened. Such a takeo ver will involve terminating your existing agreement with your curren t Net work Operator.
3.5 In the even t that a t ak eo ver as set out in eith er clau se 1.21 or clau se 3.4 abo ve occurs, yo u will also become subject to the pro vision s governing th e LR Service as set out in clau se 2 of th e s e
Condition s.
Inclusive Calls
3.6 If your Tarif f Plan includes Inclu sive Calls, you will not be charged for th e first 180 minutes o f each call. Thereaf t er, the st andard Charges relevan t to your Tarif f Plan will apply for all minut es in exc e s s
of 180 minut es. Inclu sive Calls are available on the following condition s:
3.6.1 th e calls mu st be made for normal residential use and not for bu siness purpo ses. You mu st also use TalkTalk as your only call provider;
3.7 You accep t th at we can withdraw your abilit y to mak e Inclusive Calls at an y time at our sole discretion. We will try and give you 15 days no tice if we believe that our Inclusive Calls of f er is damaging
our bu siness. Ho wever we do not have to give you an y no tice if we believe you are in breach of th ese Condition s or that your u se may cau se degradation of service levels to other TalkTalk
cu stomers.
3.8 If you are the ‘Talk 240’ Tarif f Plan, an y local calls to other TalkTalk Cu stomers will first be deduct ed from your Inclu sive Call allo wan ce under that Tarif f Plan.
3.9 IDA service cu stomers ( wheth er under the ‘Talk No w’ brand or otherwise) are excluded from participating in Inclusive Calls.
3.10 If your Call Service Tarif f Plan allows you to call to cu stomers on o ther Net work s for a fixed fee, these calls will be subject to cert ain limitation s. If an y su ch call (wheth er national or in ternational) las t s
for longer th an seven t y (70) minut es you will be charged for an y minut es, which are in excess o f this time. If you wish to avoid these charges you can replace th e hand set and re-dial before t h e
seven t y (70) minut e threshold is reached.
3.11 The full terms and condition s of the TalkTalk £1,000 Ch allenge are available in an y Carphone Warehou se store or on our Web sit e. The TalkTalk £1,000 Ch allenge excludes:
3.12 Only calls made over th e TalkTalk CPS or LL U Net work s can be Inclu sive Calls within the definition of Inclu sive Calls set out in clau se 3.6 and th erefore, calls rout ed through the BT Net work, an
operator connect call or a reverse call, will not f all into the Inclu sive Calls cat egory and will not be eligible for the ‘calling circle’ discoun t. Although th ese calls will appear on your TalkTalk in voice, if yo u
mak e an y su ch calls, they will be charged at th e appropriat e rat e as varied from time to time and for CPS calls this is likely to be a higher rat e (which may be the applicable BT rat e at th e time of t h e
call) as may be specified in the TalkTalk price list which appears on our Websit e.
Moving House
3.13 If you move hou se, your Call Service should continue unin terrupt ed. Ho wever, you accept th at there may be in terruption s to your service in some circumstan ces. For inst an ce this may be t he case if
your t elephone number changes or if you mo ve out of an area co vered by our LLU Net work.
3.14 We do not charge you for reconnecting your TalkTalk Call Service in your new home. Ho wever you accep t that you may h ave to pay higher call charges if you mak e calls before our Call Service h a s
been activat ed at your new address. This may be the case if you have to get a new telephone number at your new addres s.
International Access
3.15 You may be able to mak e int ernational calls u sing our Intern ational Acces s service. This allo ws you to mak e cheaper int ern ational calls by first dialling an Acces s Code. Your phone line may be barred
for int ern ational destination s in which case you mu st first call our Cu stomer Services before you can make an y int ern ational calls.
3.16 You accept that you may not alway s get through to all int ern ational destinations and th at we may also require you to pay a depo sit or impose a Credit Limit before we allow you to u se International
Access. Even if we have impo sed a Credit Limit, you will be responsible for an y call charges you incur in exces s of that limit becau se o f delays in our billing syst em.
3.17 You accept that you will need to pay higher charges for int ernational calls that you mak e without u sing the Access Code.
3.18 You will always need our prior permission before you can call the follo wing destination s: Nigeria, Bangladesh, India and Pakist an.
3.19 Unless we tell you, our other promo tional of fers do no t apply to Intern ational Access.
Mobile Extra
3.20 You accept that if you request Mobile Ext ra it is subject to the following special condition s:
3.20.2 calls to which Mobile Extra applies are not eligible for any other TalkTalk discoun t s or promotions;
3.20.3 we will charge you pro-rat a for the remaining month if you choo se Mobile Extra during a month (th e Billing Period);
3.20.4 minimum call Ch arges apply to all calls and an y su ch minimum call Ch arges are not subject t o th e Mobile Ext ra discoun t. For full det ails of curren t call Ch arges (including
minimum call charges) please cont act Cu stomer Services or visit our Web sit e;
3.20.5 please allow up to fort y eigh t (48) hours af t er opt -in before your Mobile Ext ra is active;
3.20.6 if we bar your number for what ever reason then you will lose the benefit s o f Mobile Extra. You accept that we will not refund you if Mobile Extra is not u sed.
3.21 If you no longer wan t Mobile Extra, you must t ell us at least fort y eight (48) hours before your next Billing Period commen ces. This is normally at th e beginning of each month. To no tif y u s, please call
Cu st omer Services or email u s at: [email protected]. If you do not do this in time, then your TalkTalk bill for th at Billing Period will have the monthly charge added to it and no refund will
be given. Mobile Extra will continue to be applied and your mon thly Charge deduct ed each mont h until you opt out of the Mobile Extra service.
4.1 The Broadband Service is available as a separat e Service and does not include fixed line or mobile calls or line ren t al. If you use ano ther provider for these services, you mu st continue paying
th e oth er pro vider.
Eligibility
4.2 In order to pro vide you with the Broadband Service, we need to test your telephone line to en su re that broadband is available in your area. You are respon sible for paying for an y work that
need s to be carried out on your telephone line in order to receive broadband.
4.3 When we activat e your Broadband Service you accept that th ere may be a temporary loss o f your line.
The Broadband Service and LLU
4.4 If we provide your LR Service o ver our LLU Net work, you accept that you will not be able to tak e broadband from any other provider apart from TalkTalk. You accept that if you take our LR
Service and we move that service to our LL U Net work you will have to terminat e your contract with your existing broadband pro vider. We sh all let you know when we mo ve your service to our LLU
net work. This shall not be to your mat erial detrimen t and these Conditions shall not be af f ect ed as a result. However, you should be aware that at th at time, you may become subject to dif feren t
part s of these Condition s.
Hardware
4.5 To be able to receive and use the Broadband Service you will need an existing telephone line and a personal comput er (“PC”) of minimum specification. Please speak to Cu stomer Services for
furth er det ails of th e minimum PC specification that is required. You will also need compatible cables and ext en sion lead s bet ween your PC, Modem and telephone so cket. You accept you may need to
modif y your PC slightly to mak e it operat e with the Broadband Service. It is your respon sibilit y to en sure that such modifications do not invalidat e the terms of an y warran t y th at you may hav e
concerning your PC. We will not be liable if an y su ch warran t y has been invalidat ed as a result of work carried out by you, us or our agent s (including BT) to mak e your PC operat e with the Broadband
Service, excep t in the event of our negligence.
Modem
4.6 We will try and mak e sure that th e Modem is delivered to your home before the Broadband Service is activat ed. Ho wever we cannot guaran tee that you will receive the Modem in time.
4.7 You mu st inspect the Modem as soon as you receive it and tell us o f any damaged or missing items within seven (7) days by calling Cu stomer Services. We will send you a new modem but if we
do this you mu st also return the fault y one to u s in accordance with clau se 4.8 below. We will also repair or replace the Modem if it becomes f ault y during the Cont ract but we will not replace an y
f ault y Modem if you are responsible for the fault. In that case you mu st pay for a new Modem in order to receive the Broadband Service.
4.8 If we send a replacemen t Modem, you mu st return to u s the fault y Modem (including all cables and sof t ware that came with it) within fourteen (14) days of receipt of th e replacemen t Modem.
You accept that we will charge you for the replacemen t Modem if you do not return the f ault y Modem (including all cables and sof t ware that came with it). We will accep t proof of po st age as proof
th at you have sen t us th e fault y Modem. You must keep the original box and pack aging for the Modem in good condition and ensure that th e Modem is stored in accordan ce with the manuf acturer's
recommendation s.
4.9 If you wish to use a modem or an y oth er equipment th at we have not supplied, we will try and help you as f ar as we can. However we canno t guaran t ee that the Broadband Service will work
with that modem or equipment.
4.10 If prior to the Commencemen t Dat e you can cel your Order for our Broadband Service in accordance with the Con sumer Prot ection (Dist an ce Selling) Regulation s 2000 and we have supplied
you with a Modem, you must return this equipmen t to us undamaged and in it s original pack aging or at your request in the prepaid return s en velope that we sh all send to you, together with proo f of
purchase, by sending it special delivery to TalkTalk Telecom Limited, PO Box 156, Birchwood, Warrington WA3 7WR.
4.11 If you return the Modem to us in accordance with clau ses 4.8 or 4.10 and have either f ailed to tak e reasonable care of the Modem while it remained in your posses sion or you fail to return all the
relevan t cables and appropriate ancillary equipmen t or sof t ware supplied to you with the Modem, we shall be entitled to debit your account (u sing the det ails th at you pro vided to us with your Order)
for the full replacemen t co st o f such Modem. To tak e reasonable care of the Modem you shall ret ain and keep the original box and pack aging for the Modem in good condition and shall en sure that the
Modem is stored in accordance with the manuf acturer's recommendations.
Software
4.12 In order to connect to the Broadband Service, we may require you to inst all cert ain so f t ware on your PC. If you do not to inst all this so f t ware, we may not be able to resolve an y in stallation
and/or connection problems you may experience. In addition, we are not respon sible to you for an y mat t er that may arise as a result of your f ailure to do so. By installing this so f t ware you also allow
us acces s to your PC so that we can diagnose and fix an y problems. You accept that we will be able to acces s your PC in this way.
4.13 Before you inst all the so f t ware supplied with the Modem and before you connect th e Modem to your PC, you should back up or save an y data on your PC. We are no t respon sible to you if you
lose an y dat a.
Transmission Speeds
4.14 We will try to give you the ‘download’ Tran smission Speed that you have signed up for. This may be 8 mbps but we canno t guaran t ee that you will always be able to get this Tran smission Speed.
If we cannot pro vide you with the Tran smission Speed you have signed up for, we will give you the next available lower Tran smission Speed. The Tran smission Speed may also change if you move
hou se becau se th ey are dependent on your pro ximit y to your local telephone exchange. You accept that ‘upload’ speed s will alway s be slower than ‘download’ speed s. We will provide you with
furth er det ails of th ese upon request.
Customer Services
4.15 If you have an y queries regarding your Broadband Service or wan t to report a fault, you need to contact our Cu stomer Services. In addition, we will operat e a Technical Support Helpline to
provide information and advice to you on an y technical issues relating to your u se of the Broadband Services. Calls to Cu stomer Services and the Technical Support Helpline will be charged at the
prevailing rat es set out on our Web sit e.
4.16 We will give you a username and password in order to access th e Broadband Service. You will be respon sible for keeping this u sername and password confiden tial and agree to tak e all
necessary st ep s to en sure their confiden tialit y and that th ey are not disclosed to an y unau th orised third parties. You will inform us if you become aware of or su spect an y unau thorised use of your
usern ame and passwo rd and agree to take all neces sary st eps (or such st eps as may be request ed by us) to preven t such use.
4.17 You accept that you do not own any e-mail addresse s that we have given to you. You also accep t there may be good reason s wh y sometimes we may need to change the e-mail addres ses.
4.18 To preven t ‘spam’ from af f ecting the operation of our syst ems and the Broadband Service, we may need to block access to or delivery of an y e-mail which appears to be of an un solicit ed
nature and/or part o f a bulk e-mail tran smission. We may also use viru s screening technolog y that may result in the deletion or alt eration of e-mail and or e-mail at t achment s. We expect this so f t ware
to be fully ef f ective but we cannot guaran t ee th at it will always pro tect you from un solicit ed emails or any viru s, worm, Trojan horse or similar. We therefore recommend that you in st all your own anti
viru s so f t ware.
4.19 You accept that we may sometimes need to limit the size of your mailbo x. We will only do so when it is reason ably necessary.
Alarm Systems
4.20 It is your respon sibilit y to mak e sure th at the Broadband Service does not af f ect an y alarm sys t em in your home.
4.21 You may need to obtain a Migration Authorisation Code (“MAC”) from your curren t broadband provider in order to mo ve to our Broadband Service. This MAC will be valid only for a limited period
and can only be u sed once. You accep t that we may charge you if you are mo ving your broadband from anoth er pro vider to u s. For furth er det ails abou t MAC’s or of these charges please call
Cu st omer Services or visit our Web sit e.
4.22 In you terminat e your Broadband Service prior to the end of the Minimum Period you must pay us an y monthly Ch arges (prior to the deduction of an y TalkTalk fixed line or other discount s) th at
remain due up to the end of the Minimum Period. The same applies if your telephone line is disconnect ed for an y o ther reason su ch that we can no longer pro vide you with our Broadband
Service.
Eligibility Conditions
5.1 To be eligible to receive the Mobile Service you mu st fulfil (and continue to fulfil) the following condition s. You mu st:
5.2 The Mobile Service does not include and therefore you will not receive, a Mobile Phone or oth er equipmen t oth er than a SIM Card. If you acquire a Mobile Phone through which to acces s th e Mobile
Service, the acquisition of this equipment will not be covered under these Condition s and will be subject to a separat e contract. In addition, your Contract for the Mobile Service will not co ver you for
CPS, LR or Broadband.
5.3 You agree that wh en you successf ully register for the Mobile Service or when you acquire furt her airtime, by Pre Pay method s, such act s indicat e your continued accept ance of th ese Condition s.
5.4 If you meet the eligibilit y condition s set out in clau se 5.1 you may become a Mobile Service Cu st omer. When you order a SIM Card, we shall not be deemed to have accept ed your Order for it unless we
have confirmed your Order in writing, (or by e-mail if you have ordered from our web site). You accept that each TalkTalk Call Service account is only allowed to have up to a maximum of three SIM
Card s per account and that for this reason we may, refu se to issu e you with a SIM Card.
5.5 You shall be respon sible for en suring that the SIM Card you have purchased under this Cont ract for the Mobile Service is:
5.5.1 of the correct specification for your intended use and location from which you intend to make or receive calls; and
5.5.2 registered to the TalkTalk landline number (th at has been issued by us and used under the Contract for our Call Service) which entitled you to ent er a Contract for the TalkTalk Mobile
Service. Although this proces s should occur automatically you are ad vised to cont act Cu stomer Services for furth er det ails abou t how to en sure that th ese landline and mobile
numbers are properly regist ered together.
5.6 The price (if an y) of the SIM Card shall be that quot ed either on our web site, (curren tly locat ed at: www.talktalkmobile.com), or in any Carphone Warehou se store, or from Customer Services. You
sh all pay for the SIM Card eith er upon collection in an y su ch store or at the time of Order on our web sit e. If you Order on our Web sit e and request u s to deliver the SIM Card to you other than by
st andard post, we may pass on to you an y additional charges we incur.
5.7 From time to time we may have to change the specification of the SIM Card in order to mak e it:
5.8 You accept that from time to time we may also have to mak e o ther necessary changes in the specification of the SIM Card, but these will not mat erially reduce the qualit y or performance o f the SIM
Card.
5.9 Unless your SIM Card is fault y, once you have received your SIM Card all risk of damage in it (or loss of it) shall pass to you. The SIM Card, where new, is sold with the benefit of and subject to th e
t erms applicable to such warrant y or guaran t ee as is given by the manu facturer o f the SIM Card.
5.10 If you think the SIM Card is fault y, you should tak e the SIM Card to an y Carphone Warehou se store or send it to us at: Direct Return s, CPW Logistics Cen tre, Bilston Road, Wednesbury, West
Midlands WS10 7J N by special delivery with your proof o f purchase where it will be check ed on another phone. If the SIM Card does not work on anoth er phone the following provision s of this clau se
will apply. If a valid claim is made within 28 days of purchase of th e SIM Card, we will replace or refund the SIM Card free of charge. Aft er the expiry of this t wen t y eight (28) day period, no replacemen t
or refund will be given. We do not pro vide refund s for an y Top-Up. In addition, other than where your SIM Card is fault y in the circumst ances set out abo ve, we shall be entitled to charge you if your
SIM Card is replaced for any reason what so ever.
5.11 We shall (at our or the manu facturer’s option) have th e right to fulfill our obligation s under clause 5.10 by refunding you the price you paid (or a proportionat e part thereo f, depending upon age and
condition). That will be the ext ent of our liabilit y to you in respect of th e SIM Card or your use of th e Mobile Service.
5.12 Oth er than as set out above, we shall be under no other obligation to exchange, repair or replace th e SIM Card or pro vide an y refund s. You should not e (and hereby ackno wledge), that an y dat a
(including an y ringtone, logo, phonebook cont en t s, MMS, SMS, games and photograph s) may be lost during a repair and will be lost if the SIM Card is exchanged. We are not liable for this and it is
th erefore your respon sibilit y to back up an y such dat a sto red on your SIM Card.
5.13 We are not liable for an y def ect in the Mobile Phone, which you use to access th e Mobile Service, or for any defect in: your SIM Card resulting from, as applicable:
5.14 The Mobile Service will include pro viding you with access to, cert ain services including: emergency services u sing 999 or 112; operator assist ance services and directory enquiries. We reserve the
right to charge you for some o f these services (other th an calls to emergency services) and your Tarif f Plan may change accordingly. If you instru ct u s to change the Mobile Service you require, we
will try to implemen t your inst ructions as soon as po ssible but there may be delays in doing so for which we will not be liable unless su ch delay is due directly to our fault or negligence.
5.15 The Mobile Service, may not be available in all part s of the Unit ed Kingdom and is not automatically available abroad. In addition, it will not include the following services which are available at ext ra
Ch arge:
5.15.2 th e ability to mak e calls to the following countries: Ascen sion Is, Christmas Is, Comoro s, Cook Is, Cuba, Diego Garcia, Guinea-Bissau, Kiribati, Marshall Is, Micronesia, Nauru, New
Caledonia, Norfolk Is, North ern Mariana Is, Palau, Sao Tome / Principe, Solomon Is, Somalia, St. Helena, Tonga, Tu valu, Vanuatu and Wallis & Futuna Is. This list may change;
5.15.3 th e ability to mak e calls to any sat ellite phone Net work s including: all Inmarsat (+871, +872, +873, +874), Iridium (+8816, +8817), Thuraya (+88216), Globalst ar (+8818, +8819), ICO Global
(+8810, +8811), Ellipso (+8812, +8813) and Emsat (+88213); and
5.15.4 access or use of GPRS, MMS or the ability to mak e or receive premium rate calls.
Voicemail
5.16 In the interest of oth er u sers, the number and duration of messages that can be lef t on your voicemail service will be limited. Please not e that your confidentialit y of messag es canno t be guaran teed.
You mu st not record an abu sive greeting message. You may not be able to use the voicemail service while abroad.
Roaming
5.17 Subject to the pro visions of clau se 5.18, if you are connect ed to the GSM Net wo rk th en we will use reasonable ef fort s to enable you to obtain access to the GSM Net work s in other countries. We call
this “Roaming” (and “Roam” shall be const rued accordingly). You should bear in mind that overseas Net work s may also be limited in qualit y and co verage. Acces s to o verseas Net work s will depend
upon the arrangemen t s bet ween the foreign Net work Operators and us.
5.18 The abilit y to u se our international Roaming service or to make int ern ational calls is subject to st atu s. If you use the Mobile Service abroad, you will be charged for the calls, MMS and SMS messages
th at you receive as well as for those that you make. Charges incurred using your Roaming service may t ak e longer to be billed than normal Charges. When the Mobile Service is connect ed, it may
have been programmed so that you may be barred from using overseas Net work s and from making international calls, MMS or SMS messages or premium rate calls. If you want to have th e Mobile
Service unbarred, then you should call Cu stomer Services. We may agree to remo ve this bar af t er making credit check s and we may, pursuan t to clau se 9, ask you to pay a non-int erest bearing
depo sit as securit y again st an y monies you may owe in the fu ture. Any such depo sit will be reason able and will be asses sed in the light of your previou s TalkTalk bills and credit history.
5.19 Subject to you not exceeding the usage or Credit Limit s, if an y, we will use reason able endeavo urs to pro vide the Mobile Service by the dat e we have agreed with you, but we do not guaran tee to do
so. If you place an Order for an additional service (i.e. Roaming) or otherwise in stru ct u s to change the Mobile Service (i.e. to bar calls) we will use reasonable endeavours to complet e your Order as
soon as po ssible but there may be a short delay in doing so. We will not be liable to you for an y co st s, expen ses or claims arising directly or indirectly out of su ch delay unless it is due directly to our
f ault or negligence.
5.20 We may at any time require you to pay a non-int erest bearing depo sit in respect of the pro vision of the Mobile Service, against which an y Charges incurred by you may be of f set. Any such depo sit
will not guaran t ee your right to receive additional services (i.e. Roaming) and a furth er deposit may be required before you can acces s an y such additional service. Any depo sit we require will be
reason able and will be asse ssed in the light of your previou s TalkTalk bills and credit history.
Inclusive Calls
5.21 In addition to the pro vision s of clau se 3.6 in regard to Inclu sive Calls, the following pro visions shall apply to an y Inclu sive Calls that may form part of the Mobile Service. You will only be able to mak e
Inclu sive Calls if the paymen t s due from you have been su cces sfully received from your TalkTalk Call Service account. We reserve th e right to withdraw Inclu sive Calls from an y Cu stomer but we will
alway s act reasonably to ward s you when exercising our discretion in this area.
5.22.1 alt er th e number of an y SIM Card or an y o ther code or number or technical specification associat ed with the Mobile Service;
5.22.2 give you inst ruction s which we believe are necessary for reason s of health, saf et y or the qualit y of th e Mobile Service to you or an y oth er Cu stomer;
5.22.3 su sp end the Mobile Service becau se of an emergency or for your securit y;
5.22.4 record telephone calls you mak e to us to facilitat e impro vemen t s to our Mobile Service and to pro vide evidence o f telephone Orders and instru ction s you may give to us; and
5.22.5 monitor the conten t s o f any SMS or MMS you send from time to time.
5.22.6 If we believe that we may be unable to continue to pro vide the Mobile Service on a particular Net work for an y reason then, if we tell you, we may tran sf er the number to another
Net work. On tran sf er we will continue to make available to you the Mobile Service, or a similar service, and you will not be required to pay an increased amount for the Mobile
Service.
Barring or Disconnecting Your SIM Card
5.23 We reserve th e righ t at our discretion to bar your SIM Card from making or receiving calls, MMS and/or SMS and using GPRS but we will always act reason ably to ward s you when exercising our
discretion. In addition we reserve th e righ t to disconnect an y SIM Card from the Net work if you are in breach o f these conditions.
5.24 You mu st pay a reconnection charge of £10.00 and an y out st anding Charges if your SIM Card is disconnect ed from the Net work. If your SIM is barred it will not be unbarred until your accoun t is at
least £10.00 in credit.
5.25 You agree to u se th e SIM Card and the Mobile Service in the way described in an y u ser guide or other inst ruction s issu ed by us. You ackno wledge that the SIM Card remain s the propert y of th e
relevan t Net work Operator and that you cannot sell your SIM Card or an y asso ciated number or agree to tran sf er th em to anyon e else without our con sent.
5.26 You mu st only use a Mobile Phone, which is lawfully appro ved for connection to mak e and receive mobile calls (wheth er dat a or voice). You must not u se the Services for an y improper unlawf ul
purpo se. You must comply with any in stru ction s we give you about th e Services. You agree:
5.26.2 to tak e adequat e precau tions to preven t damage to or loss or thef t of your SIM Card; and
5.26.3 to inform Cu stomer Services as soon as po ssible on 08700 870 100 if the SIM Card is lost, stolen, damaged, destro yed or likely to be used in an unauthorised manner and to co-
operat e with u s in our reason able securit y and other check s.
5.27 You mu st tell us immediat ely if an yone mak es or threat en s to make an y claim or issues legal proceeding s against you relating to your use of th e Service or the Cont en t and you will, at our request,
immediat ely stop the act or act s complained of. If we ask you to, you mu st confirm the det ails of the claim( s) in writing.
5.28 For your own prot ection, you must keep confiden tial, the electronic serial number of your SIM Card, an y lock code( s) associat ed with your SIM Card, your voice mail access number, and an y oth er
person al identification password or securit y number. When choosing a passwo rd, you must not u se word s that are ob scen e or likely to cau se of f ence. In addition when you use your SIM Card, the
identit y of your Mobile Phone number may be sen t through the Net work s so as to be identified to the phone being called. The identit y of your Mobile Phone number will always be sen t if calling 999 or
112.
Internet Access
5.29 If you have a SIM Card, which enables access to the int ern et the follo wing terms in addition to the relevan t pro vision s of clau se 4, will also apply to you:
5.29.1 we, or our cont ractu al partners, may pro vide link s to oth er web sit es or resources. We do no t endorse, nor do we mak e any warran t y as to the accuracy, complet enes s, reliabilit y
or continuou s supply o f the Cont en t cont ained on an y third part y sit es or resources acces se d via the Service;
5.29.2 we will not be responsible for any lo ss or damage you may suf f er from any dealing s with third parties. Any dealings with product s or services provided by third parties which are
locat ed by u sing the Service or via our web sit e are solely bet ween you and that third part y, unless we specifically stat e otherwise;
5.29.3 all the visual, text ual or other information published or otherwise made available (directly or indirectly) on the internet using the Mobile Service (“Information”) wheth er publicly
post ed or privat ely tran smit t ed, is the sole responsibility of the person from which such Information originat ed. This mean s th at you, and not us, are entirely respon sible for all
Information that you upload, e-mail or otherwise tran smit via int ern et acces s;
5.29.4 we may vary th e technical specification of the Mobile Service from time to time for example if this is necessary to provide you with the benefit of being able to access new
services such as GPRS;
5.29.5 we will not be responsible for any harm you suf f er from a viru s which infiltrat es your Mobile Phone wheth er it was tran smit t ed via the Mobile Service or otherwise unless such
harm was due directly to our fault or negligence. You remain responsible for all Charges applied to your account for the use of any services activat ed by such viru s;
5.29.6 you may only u se the Con ten t in a way that does not infringe the righ t s of oth ers (“Approved Use”) and you must comply with all other in structions issu ed by us regarding use of
Con t en t. You shall not store, modif y, tran smit, distribu te, broadcast, or publish any part of Con t en t oth er than for an Appro ved Use. The re-selling, cop ying or incorporation into
an y other work of part or all of the Cont en t in an y form is prohibited save th at you may print or download ext ract s of the Con ten t for your personal use only; and
5.29.7 your abilit y to acces s a secure intern et en vironment will be dependan t on the mak e and model of your Mobile Phone and the third part y supplier of Cont en t.
5.30 If you use th e Mobile Service to link into web sit es, resources and/or Net work s worldwide we accept no respon sibilit y or liabilit y for the Con ten t, services or otherwise in respect of these and you
agree to con form to the accept able use policies of such web sit es, resources and/or Net work s .
Charges
5.31 It is import an t that you pay your Charges on time, if you do not we can su spend or terminat e yo ur Mobile Service. If you reverse th e charges on an y call or accept a reversed charge call, you will be
liable to pay for these Charges.
5.32 In addition to the pro vision s of clau se 9, the following pro visions will apply to the Mobile Service. For each SIM Card we have supplied you with which has not been cancelled, we will collect a minimum of
£10.00 per month by direct debit. This amount will be deducted from the bank account which yo u have au thorised us to deduct all other paymen t s under the Con tract for the Call Service which is
connect ed to your Contract for the Mobile Service. This £10.00 charge for each SIM Card will appear as an item on your bill for the TalkTalk Call Service. This charge will be off set again st the calls you
mak e to, or if appropriate receive from, other landline or mobile numbers. For the avoidance o f doubt th e £10.00 credit will not be of f set against an y Inclu sive Calls you may mak e pursu an t to clau se
5.21. Any Cu stomer who wish es to make furth er u se of the Service, in addition to the usage they have acquired by paying the initial monthly fee of £10.00 ref erred to above, may acquire furth er
airtime by the normal Pre Pay methods (which may include, without limitation, Top-Up s, a swipe of a Cu stomer’s Credit or Debit Card at an appropriat e t erminal or calling the appropriat e telephone
number to enable further credit to be added to the Cu stomer’s TalkTalk mobile account ). Please call Customer Services for further details. In the even t that you do not use up an y, or all, of the £10.00
credit in the month in which it was first charged, we will roll it over and add it to the £10.00 credit which we charge in respect of the next month. If an y such credit is not u sed up within 60 days of the
date on which it was first charged it will no longer be available for you to use. No refund s, whet her of an y unu sed credit s or otherwise, will be given.
5.33 All the Ch arges are payable to us by Top-Up, Credit or Debit Card (including Electron and cert ain card s issu ed overseas) or through such oth er mean s as we may agree in writing from time t o time.
5.34 If we advise you of the amount in credit or the amount due on your account this is an estimat e only and is based on the information we have received from the Net work Operators.
5.35 If the SIM Card is lost, stolen, damaged, destro yed or used in an unau thorised manner we may charge you the amount specified in the Tarif f for reconnection. You will be respon sible for any Charges
incurred as a result of unau thorised u se of the SIM Card, or the information cont ained within the SIM Card, until we have su spended the Service unless th ere is a delay in su spending the Service,
which is due directly to our fault or negligence. Please cont act u s immediat ely so that we can preven t furth er Charges being incurred. You will be required to pay for all call Charges up to the time you
no tif y u s and you will be liable for the Charges thereaf t er until this Con tract has ended.
6.1.1 for bu siness purpo ses or to sell on or supply the Services to an yone on a commercial basis;
6.1.2 for making calls, sending dat a, publishing, kno wingly receiving, uploading or downloading any dat a or mat erial which are or may be reason ably deemed to be a nuisance, a hoax, abu sive,
obscene, racist, def amatory, menacing, indecen t (including to the Cu stomer Services operators who deal with enquiries concerning the Service), in breach o f con fidence, in breach of
an y int ellectual propert y right (including copyright) or which is otherwise objectionable or unlawful, or you allow others to do these thing s or is of a nature which if tran smit t ed would
con stitu t e a criminal of fen ce;
6.1.3 to do an ything (or allow an ything to be done) which we think (acting reason ably) may damage or af f ect the operation of an y Net work;
6.1.4 to cau se anno yan ce, incon venience or needless an xiet y to any other person, compan y or organisation;
6.1.5 to send or procure the sending of an y un solicit ed advertising or promotional mat erial;
6.1.6 for an y purpose which we may reasonable notif y you of, from time to time, due to the introduction of new legislation or applicable regulations;
6.1.7 as a mean s of communication, the purpo se of which is other than that for which the Service is provided (including without limitation abu sive or maliciou s calls), or which is carried out in
an unauthorised way or for fraud or criminal activities;
6.1.8 for purpo ses o f intru sion, or at t empt s to intrude, into the equipmen t and syst ems of an y third part y, or the mounting of an y harassmen t campaign including Denial of Service At tack s;
6.1.9 in an y way which does not comply with in structions given to you by us, our agen t s or our autho rized contractors;
6.1.10 other than in accordance with the accept able use policies of th e Net wo rk and (if appropriat e) an y relevan t in tern et st andards; or
6.3 You ackno wledge that the Service is pro vided to other u sers and we owe a dut y to them as a whole to preserve our Net work int egrit y and to avoid Net wo rk degradation. If, in our reason able opinion,
we con sider it necessary to main tain our Net work int egrit y or preven t Net work degradation we may change your Services, (including withou t limitation, your Tran smission Speed if you are a
Broadband Service Cu st omer) or manage your u se of, or acces s to our Broadband Service as we see fit in the circumst an ces. These reason s include but are not limited to, an y circumst an ces wh ere
you are running an application or program that places excessive bandwidth demand s on the Broadband Service for continued period s. For the reason s set out abo ve we have also applied a fixed limit
or a cap (which is curren tly 40 ‘gigab yt es’) to the amount o f dat a that you may do wnload and/or upload. We may, at an y time and at our sole discretion, amend this limit and/or, impose a further limit on
your usage capacit y if your u sage is af fecting or may af f ect, other u sers’ enjo ymen t of th e Service. We may amend this limit in accordance with the terms of our Fair Use Policy and we will alway s
endeavour to act reasonably wh en exercising our discretion in this regard.
6.4 In addition to the pro vision s of clau se 6.3, you accept that we may apply limit s to your u se of any Service, which we pro vide. We may do this for variou s reason s including, without limitation, if your use
of the Services is not appropriat e or fair or af f ect s (or may af f ect) oth er u sers’ enjoyment of t he Service or is significan tly dif feren t from the u sage that we would expect from a t ypical con sumer
user. Oth er than as set out in clause 6.3, we will not apply a limit without giving you prior notice but if we do so, you should be aware th at this could result in us imposing on you:
Furthermore, if the circumst an ces occur under which we could impose a limit, we may also, at our sole discretion, suspend or terminat e your ability to access the Services but we will only do this is if it
is reason able in all the circumst ances.
6.5 In addition to the pro vision s of clau ses 6.3 and 6.4, we reserve the right, at an y time, to give priorit y to cert ain other u sers of our Net work in pref eren ce to you. We may do this for various reason s and
in various circumst ances, which may include, without limitation, times we when o f f er new t echn olog y or product s, such as voice o ver int ernet protocol (“VOIP”) which increase th e demand on our
Net work.
6.6 If you have regist ered your account with u s, you mu st tell us promptly in writing if you change your name and address or there are an y changes to your paymen t card arrangement s, which may
af f ect your paymen t of the Ch arges.
7.1 We may su spend immediately the pro vision of the Services to you un til furth er notice withou t compen sation if:
7.1.2 you are in breach of your obligation to pay the Charges and have not remedied the breach with in seven (7) days of you being reminded to pay your bill. You should also not e that
if you have sub scribed for our LR Service and fail to meet your paymen t obligation s, your line may be blocked and you will not be able to mak e incoming and outgoing calls
(including emergency calls) and if you are on our LL U Net work you will not be able to use the Broadband Service; or
7.1.3 we are obliged to comply with an order or request of the UK Governmen t, the emergency services organisation or other compet en t authorit y; or
7.1.4 if you owe u s an y money wheth er under your Contract for the Mobile Service, the Call Service, th e Broadband Service or otherwise; or
7.1.7 we have reason able cau se to su spect fraudulent u se of a paymen t card, whether a Credit or Debit Card or otherwise, or an y SIM Card.
7.2 If we su spend the Services under this clau se, your Contract will still con tinue and you shall reimburse u s our co st s and expen ses reasonably incurred in su spending the Services and/or
recommencing them. In addition, you mu st pay all Charges due from you under your Contract incurred prior to the time when your Contract is properly t erminat ed. If we su spend an y Service,
we will not pro vide it again until you confirm that you will use the Service only as agreed in this Con tract.
7.3 If we exercise the right to su spend (or bar your acces s to) th e Services this shall not af f ect our right to terminat e your Contract under clau se 10.
8 Liability
8.1 No thing in these t erms shall exclude or limit our liabilit y for death or person al injury cau sed by our negligence or that of our agent s, or for any liabilit y arising under Part I of the Con sumer
Prot ection Act 1987.
8.2 We shall not be liable for an y lo ss th at is not reasonably foreseeable nor for any lo ss calculated by ref eren ce to profit s, income, or business or loss of su ch profit s, income, or busines s or for
an y lo ss of dat a or good will.
8.3 We do not accept liability for the act s or omissions of Net work Operators or other providers of telecommunication services.
8.4 Our aggregate liability, wheth er in contract or for negligence or breach of st atu tory dut y or oth erwise, to you for an y loss or damage of what so ever nature and howso ever cau sed shall be
limited to and in no circumst ances shall exceed £5,000 for an y one incident or series of relat ed incident s.
8.5 The limitation s of liabilit y set out in this clau se 8, are in addition to any other provision s limiting our liabilit y set out elsewh ere in these Condition s.
8.6 No thing in these Conditions shall impose an y liabilit y on us in respect of non-performance of th e Service where the performance claimed is out side the t erms o f your Contract or where su ch
non-performan ce is directly due to your act s, omission s, negligence or def ault.
8.7 The Broadband Service and, if applicable the Mobile Service, allows you to access the in tern et and you agree that your use o f the int ernet through the Broadband Service or the Mobile Service
is at your own risk and subject to all applicable laws. We recommend that you in st all securit y sof t ware on your PC before acces sing the int ern et but in an y event, we shall not be liable if you do
no t and shall not be liable for an y damage cau sed to or by your PC whether from any for an y viruses that may af f ect your PC or equipment at t ached to it or otherwise. We may of f er you an ti
viru s so f t ware and shall be en titled to charge you for it s u se. In addition, we sh all not be liable for an y loss or corruption of data or an y losses you may su f f er arising from you use of (or failure
to u se) an y anti viru s so f t ware. You agree that it is your respon sibilit y to prot ect your PC against viruses and to back up all data to prot ect again st lo ss or corruption of such dat a. We sh all
have no responsibility for an y goods, services, information, sof t ware or other mat erials th at yo u use or obtain when u sing your PC whether of fline or online for acces sing the int ern et
(including e-mail).
8.8 We do not warran t or guaran t ee th e accuracy or completen ess of an y Cont en t pro vided with the Broadband Service or the Mobile Service, including without limitation, an y information, sound,
data, sof t ware or other mat erials (in what ever form). You agree that an y u se that you make of an y such Cont en t is at your sole risk and is subject to an y third part y terms and condition s
applicable to that Cont en t.
8.9 Although alarm signals can be carried acro ss a Net work, we are no t respon sible for lack of service or failure to deliver an alarm signal due to:
8.9.4 f ailure arising from any misu se of th e phone line or telephone equipment;
8.9.5 your t elephone line being migrated to our LLU Net work pursu an t to clau se 1.20; or
8.9.6 for reason s ou t side our con trol (including, without limitation, if there is a technical failure of a Net work, becau se a Net work is being test ed, modified or maint ained or if access to
an y Net work is denied to us).
9.1 Our Charges for pro viding the Services sh all be ef f ective from the Commencemen t Dat e applicable for each Service and will be calculat ed in accordance with your Tarif f Plan.
9.2 You mu st pay all the Charges incurred by you, or an y person u sing an y Service, even when su ch Charges exceed any Credit Limit imposed upon your accoun t.
Your Bill
9.3 Within thirt y (30) days of th e Commencemen t Date, we sh all prepare and send to you a bill for the Services you have u sed. Thereaf t er we shall prepare and send to you a bill at the end
of every Billing Period.
9.4 You may choo se to receive your bills in paper or electronic form (including acces sing your bills online). If you choose to receive your bill in paper format we reserve th e right to charge
you an additional amount for pro viding you with this service.
9.5 The LR Service, the Broadband Service (if applicable) and cert ain charges for th e Call Service and/or Mobile Service will be billed monthly in advance. Monthly charges incurred for
periods of less th an one month will be calculat ed on a pro rata basis. Calls made u sing an y Service will be billed in arrear.
9.6 All bills shall be payable within fourteen (14) days of receipt and shall be paid by way of direct debit to the Carphone Warehou se acting as agen t for us or such other entit y as we sh all
no tif y you from time to time. Unless we expressly agree otherwise an y and all Charges are inclusive of VAT.
9.7 We reserve th e righ t to request th at you pay for the Services b y Direct Debit and you accept t hat your Charges may increase if you do not u se this paymen t method. If a direct debit is
dishonoured or can celled we shall be entitled to pass on to you an y third part y charges we incur and in addition, we may lower your Credit Limit, su spend or terminate your Service. We
sh all also be entitled to charge you a mon thly administration fee for each month in which your direct debit is dishonoured or not rein st at ed follo wing cancellation.
9.8 Unless you have request ed itemised billing (for which we may charge you extra), you will only be ad vised of the to t al amount of Charges.
Interest
9.9 We may charge you interest both before and af t er judgement at a rat e equal to the greater of 2% abo ve base rate from time to time of Barclays Bank plc or the st atu tory minimum
allowable on the lat e paymen t of our bill. Interest is charged on a per annum basis, calculat ed daily.
Credit Limits
9.10 Where you have ent ered a Contract to receive any Service from us, your account is limited in any one month to an amount which may eith er have been set at the time of your
application or at an y time thereaf t er while you have a Cont ract with u s (“Credit Limit”). This Credit Limit is subject to the follo wing pro vision s:
9.10.1 we may, depending on your paymen t history with u s, 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 Cu stomer Services;
9.10.2 as our billing syst em is not in st an tly updated each time you mak e 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 an y in excess o f your Credit Limit. You will be
ask ed to pay an y Charges in exces s of your Credit Limit before Services are rein st at ed; and
9.10.3 we may su spend your service if your Credit Limit is exceeded and if you exceed your Credit Limit in respect of the Call Service or the Mobile Service, all of your
ou tgoing calls may be divert ed to our Cu stomer Services departmen t.
Deposits
9.11 In addition to set ting a Credit Limit, we may ask you to pay a non -int erest bearing depo sit which we will be able, at any time, to use to pay o f f an y Charges you owe. Any such depo sit will
be reason able and will be asse ssed in the light of your previou s TalkTalk bills and credit history . At any time, you may ask for a refund of your depo sit but this may result in us reducing
your Credit Limit.
Call Charges
9.12 Ch arges for calls you mak e u sing an y Service will be calculat ed using det ails logged and recorded by us. Calls will be charged and inclu sive allo wan ces deduct ed in one second
incremen t s ( with an y part seconds rounded up to the nearest second) individual charges will then be rounded up to the nearest half penn y and your to tal call charges rounded up to
th e nearest whole penny. In addition, and not with st anding the preceding sen t ence, there is a minimum call charge for all calls of 5 pence. This minimum charge will include without
limitation, an y calls made as part of a ‘calling circle’ but does not include an y Mobile Service calls for which the minimum charge is 15 pence per call).
9.13 If your Tarif f Plan includes ‘inclu sive’ minu tes, which apply to all call types up to a monthly limit, unu sed inclusive call minut es cannot be carried forward from one mon th to the next. In this
cont ext “monthly” or “month” mean s your mon thly Billing Period, which may not equat e to a calendar month.
9.14 If you are a Cu stomer of the Mobile Service the follo wing additional pro vision s will apply to you:
9.14.1 you may be charged to mak e or receive cert ain calls, MMS and SMS messages, dat a or messages (“Calls”) if you are abroad and/or these are premium rat ed. Such
Calls made and/or received may be charged other than in whole penn y incremen t s (pro vided that to tal Charges will alway s be rounded up to the nearest whole
penn y);
9.14.2 Mobile Service Calls which are eligible will generally be set again st any ‘inclu sive’ allowances yo u may have in the order in which such Calls are made, except th at
Roaming Calls, will be set again st ‘inclu sive’ allowan ces in the month in which the Calls are recorded by u s following receipt of th e relevan t Call records from the
foreign Net work Operator or clearing hou se; and
9.14.3 if we advise you of the amount on your Mobile Service accoun t from time to time this is an estimat e based on the information we have received from the Net work
Operator. We are not liable for, and you must pay, the estimat ed Charges and an y Charges th at exceed the estimate.
9.15 We shall be entitled to amend our Charges or change the Tarif f Plan you are from time to time and we will notif y you of su ch changes by making the amended list o f Charges available in
Carphone Warehou se stores or on our Websit e. If Charges are decreased this will be reflect ed in your next bill. Should we increase th e Charges we shall provide you with thirt y (30)
days notice of su ch increase and the increase will tak e ef f ect from the end of that period. In this inst an ce you may, in accordance with and subject to the pro vision s of clau se 15.1, be
en titled to terminat e our Services made available under this Conditions.
Other Charges
9.16 If you are a Cu stomer of our Call Service th en unless you are on our LLU Net work, you should be aware that cert ain t ypes of call are no t carried via CPS regardless of th e call option
selected becau se they are BT services and are included in BT’s rent al charges. These include calls to emergency numbers, operator assist an ce, directory enquiries and number ranges
used for flat rate int ern et access (tho se st arting with 0844 04 or 0808 99). You will continue to have access to these services and an y Charges will appear on your BT bill. If you are a
Cu st omer of our LR Service but are no t on our LLU Net work, an y calls made on your line which are not rout ed through our CPS Net work will be carried directly over the BT Net wo rk and
billed to your TalkTalk account at th e appropriat e rat e which may be a higher rat e ( such as the applicable BT rate from time to time at the time of th e call) as may be specified in the
TalkTalk price list which appears on our Web site. We reserve the right to pass on an y additional call usage charges which arise for an y calls which are carried directly over th e BT
Net work. Calls carried by an alt ern ative service pro vider o ther than TalkTalk or BT will not be billed by us and any such calls will be billed by the service pro vider that you have chosen to
carry tho se calls through.
9.17 Upon termination of an y Service for what ever reason all sums out st anding and an y can cellation Charges arising as a result shall be treat ed as a debt and shall become immediat ely due
and payable.
10.1 If you no longer wan t to receive one or several of our Services, you mu st tell us a cert ain number of days in ad van ce. How man y days will depend on which Service( s) you curren tly tak e from
us. If you receive more than one service ( for inst an ce Calls and Broadband), you must also t ell us which Services you no longer wan t.
10.2 Some of our Services have a Minimum Period. This mean s th at you are legally obliged to keep receiving our Service until the end of that term. If you leave before th e end of the Minimum Period,
you accept that you have to pay u s an additional charge. Please see clau se 10.8 about this charge.
Term
10.3 For the LR Service and the Broadband Service, the Minimum Period is 12 month s. However, if you have t aken both o f these Services, the Minimum Period may be 18 mon th s. We will tell you
wh en you sign up if that applies to you. Please see the definition of Minimum Period if you would like more information.
Termination by You
10.4 If you wish to can cel a Service, the following will apply:
10.4.1 to end the Call Service, you mu st tell us in writing 15 days in ad vance of leaving us.
10.4.2 to end the Broadband Service or the Mobile Service, you mu st tell us in writing 30 days in ad vance of leaving us;
10.4.3 to end the LR Service, you must t ell us in writing 30 days in advance o f leaving us. Ho wever, if you are leaving us to go to anoth er telephone compan y, we will consider that you
have given appropriat e notice wh en we receive notice from your new pro vider.
10.5 If you wish to end this Contract, you mu st eith er call Customer Services or write to u s at TalkTalk Telecom Limited, Stan ford House, Garret t Field, Birchwood, Warrington, Cheshire, WA3 7BH
st ating your name, address and TalkTalk CPS Telephone number, or Mobile Phone number as appropriat e.
Termination by Us
10.6.1 to end the Call Service, we can stop supplying you with our Service if we t ell you in writing 7 days in advan ce.
10.6.2 to end the LR Service or the Broadband Service, we can stop supplying you with our Service if we t ell you in writing 30 days in ad van ce.
10.6.3 to end the Mobile Service, we can stop supplying you with our Service if we tell you in writing 2 days in ad vance.
10.7 We may also cancel or terminat e your Cont ract for the Mobile Service in the following circumst ances:
10.7.1 you do no t u se th e SIM Card in an y continuous 60 day period in which case we will have the right to disconnect your SIM Card; or
10.7.4 an y agreemen t, giving us access to an y part o f, or the abilit y to pro vide, the Service is su spended or terminat ed.
10.8 If your Contract has a Minimum Period and you terminate th e Service before the end of that Minimum Period you mu st pay u s, as compen sation for our losses:
10.8.1 an amoun t equal to an y co st s that we incur in disconnecting you from the Service; or
10.8.2 an amoun t equal to the tot al monthly f ees which you would have had to pay under your Cont ract up to the end of the Minimum Period.
10.9 If you wish to can cel an Order before the Commencemen t Dat e, you accep t that we may charge you a disconnection fee ( which for example for the Broadband Service is curren tly up to £55)
for an y work th at may have been done at your local exch ange.
10.10 If you cancel or terminat e an y Service or change Tarif f Plan you accept that we can can cel an y other Service that we supply to you by giving you thirt y (30) days’ notice.
10.11 If you breach your Con tract, and we ignore your breach, or if the Service is su spended, we can still end your Contract if you breach it again or if the Service is su spended.
10.12 If at an y time BT cease s to pro vide services to u s such that we are unable to continue to pro vide any of the Services, to you, we may immediat ely t erminate our Contract with you.
10.13 We may t erminat e your Con tract b y giving you notice in writing, if: you are in mat erial breach of th ese Condition s or you give u s false credit information; or you are or become insolven t.
Other provisions
10.14 If we end your Contract for Call Services under this clau se 10, and you are not on our LLU Net work, you accept that we can tran sf er your service eith er to BT, or back to your original
provider withou t your consen t.
10.15 If you end your Service with u s, you will be responsible for tran sf erring to ano ther service provider. If you do not do this, you may be lef t withou t an y telecommunication s service.
10.16 If you have accep ted an y Service on the basis of it being off ered by us ‘forever’, you ackno wledge and accep t that this can only apply pro viding that you st ay as a Cu stomer and we continue
to of f er th e Service on our Net work.
11.1 We respect your person al information and undert ake to comply with applicable Dat a Prot ection legislation in place from time to time. We may hold information that you pro vide to us ( such as
by telephone on an application or Order form or regist ration form) or that we may obt ain from ano ther source (su ch as our suppliers, mark eting organisation s or credit ref erence agencies).
This information (“Your Information”) may include your name, addres s, dat e o f birth, gender, telephone numbers, email addres s, bank and Credit or Debit Card information, occupation and
emplo ymen t dat a, lifest yle information and det ails o f how you u se the Services, which may include for example and without limitation, traf fic dat a related to your use of the Mobile Service or
th e Call Services including, without limitation, the numbers you call, the t ype, dat e, time, location, duration, and co st of calls, messages or other communications, the addresse s you send
messages to, or your use of th e Broadband Service, such as how long you are on-line, your browsing activities and other general information abou t the way you pay and manage your
accoun t.
11.2 We may sh are Your Information with: companies within the CPW Group and any compan y or ot her entit y in which CPW Group own s (directly or indirectly) more than 15% of the issu ed share
capit al for the purpo ses described in these Condition s including, withou t limitation, it s in suran ce companies); and, in the even t that we undergo a re-organisation or are sold to a third part y,
you agree that Your Information may be tran sf erred to that re-organised entit y or third part y f or the purpo ses and subject to the terms of these Conditions.
11.3 Your information may be held and used by us for a number of purpo ses and we may u se third parties to support us with purposes which include, withou t limitation:
11.3.1 proces sing your Orders or application s; administ ering your account and billing; set tling account s with those who provide related services to us; disclosing your dat a to bank s
and debit and credit card companies to validat e your Credit or Debit Card det ails; dealing with request s, enquiries or complaint s and other Cu stomer care relat ed activities;
debt reco very (also using reco very agen t s and agent s f acilitating cont act with you) and legal actions and all other general administrative and busines s purpo ses;
11.3.2 carrying out mark et and product analysis o f Your Information to develop and impro ve and to tell you about CPW Group’s product s and services, new developmen t s, special
of f ers, discount s and award s which we believe may be of personal interest to you. We may t ell you by au tomated mean s or otherwise, including by email, fax, SMS, MMS,
t elephone, post and via world wide web, WAP and similar sit es subject to an y preferen ces indicat ed by you at the time you apply to ent er into this Contract or sub sequen tly;
11.3.3 cont acting you about the product s and services of carefully select ed third parties and allowing you to receive ad vertising and mark eting information from tho se select ed
third parties but without passing control of Your Information to the third part y concern ed;
11.3.4 passing on dat a to organisations from which you have ordered an y product s and services; regist ering your details and allocating or off ering you rewards, discount s or other
benefit s and fulfilling any request s or requiremen t s you may have in respect of our and CPW Group’s loyalt y or reward programmes and other similar sch emes;
11.3.5 inclu sion in a telephone directory in print ed/elect ronic format, a telephone directory available on the int ernet or world wide web and a directory enquiry service operat ed by us
or by a third part y but only wh ere you have consen t ed to this;
11.3.6 carrying out an y activit y or disclo sure in connection with a legal, government al or regulatory requiremen t on us or in connection with national securit y, legal proceeding s and
for the preven tion and det ection of crime or fraud and the pro secu tion of of f enders or su spect ed off enders; and/or
11.3.7 carrying out activities connect ed with the running of our business su ch as personnel training, qualit y control, Net work monitoring, testing and maint en ance of comput er and
other sys t ems and in connection with the tran sf er of an y part o f our business in respect of wh ich you are a Cu stomer or a poten tial Cu stomer.
11.4 You agree to the disclo sure by u s of th e following information to an y t elecommunication s compan y, debt collection agency, credit ref eren ce agency, credit or fraud monitoring scheme, credit
provider or securit y agen cy:
11.4.1 an y information relating to your Contract with u s including det ails of ho w you conduct your account and your obligation s to us and your personal financial information;
11.4.2 an y information which is co vered by our regist ration under the Dat a Pro tection Act 1998 as amended from time to time; and
11.4.3 an y information which we are required by an order of an y court of competen t jurisdiction or by st at u tory au thorit y to disclo se.
11.4.4 We may also u se th e information you supply to carry out credit check s to help decide whether to accept your application or future applications, and to verif y your iden tit y
and to prot ect our legitimat e int erest s. This may involve searching information held about you by licen sed credit ref erence agencies who will record details of the search and
your application.
11.4.5 We may u se a combination of credit scoring and/or au tomated decision making syst ems wh en asse ssing your application.
11.4.6 If you proceed with an application we may sub sequen tly disclose det ails to credit ref erence agencies of your Cont ract, the paymen t s you mak e under it, account balances
and information about an y def ault, disput e, queries and debt s. We may also disclo se details of an y reported change o f address or changes o f which we become aware. We
may also check and share your det ails with fraud preven tion agencies who will record det ails of an y false or inaccurat e information pro vided by you or where we su spect
fraud.
11.4.7 The information may also be u sed by us, credit ref erence agencies and other organisation s to:
11.4.7.1 help mak e decision s about oth er credit application s by you or other members of your hou sehold with whom you are linked financially; and
11.4.7.2 trace debtors, reco ver debt s, preven t money laundering and to prevent and det ect fraud.
11.4.8 Information held about you by the Credit Referen ce Agencies may be linked to record s relating to your partn er. Under cert ain circumst ances, you may be entitled to request
th at you and your partner are financially independent and your application may th en be asse s sed without ref erence to an y “asso ciat ed” records, although you recognise
th at this may ad versely af f ect the out come of your application. You believe that th ere is no information relating to your partn er that is likely to af f ect our willingness to of f er
finan cial services to you. You authorise u s to check the validit y of this declaration with credit ref erence agencies and if we disco ver an y asso ciat ed record s, which would
af f ect the accuracy of this declaration we may decide not to proceed with the application on this basis.
11.4.9 Record s held by fraud preven tion agencies may also be shared with other organisation s to help them make decisions on motor, household, credit, life and other insurance
propo sals and insuran ce claims, for you and members of your hou sehold.
11.4.10 If you do not become our Cu stomer 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 an y legal obligation and for crime and fraud preven tion and det ection.
11.4.11 You can ask u s at an y time for details of the credit ref eren ce and fraud preven tion agencies to whom your information is disclosed and from whom it was obtained however
we will not be able to pro vide you with an y information relating to reason s for your failure to pass th e credit scoring or automat ed decision making syst ems operat ed by these
agen cies or other in formation held by such agencies. If request ed we may be able to give you det ails of the sort s of information we tak e into account when asses sing an
application.
Records
11.5 We may also pass your information for an y specific purpo se to certain third parties ( some of which may be based out side of the European Union) where this is necessary or oth erwise
required or allo wed to tho se who pro vide product s or services th at support the Services th at we pro vide, such as our dealers and suppliers; credit ref erence agencies (unless we have
agreed otherwise) who may share your information with oth er credit and insurance organisation s and who may keep a record of the search es we mak e again st your name; if someone else
pays your bill, such as your emplo yer, that person; tho se agencies and organisations in volved in the preven tion or det ection of fraud or crime or the apprehen sion or prosecu tion of
of f enders, including the operators and participan t s of crime preven tion schemes in which we participate who may compare Your Information with information collect ed from other sources
and who may keep a record of the search es we make against your name; and an yone we tran s f er our busines s to in respect of which you are a Cu stomer or a poten tial Cu stomer and they
may u se and disclo se Your Information for the same purpo ses as u s.
11.6 If you wish to use our Services abroad, for example, if you wish to Roam on a Net work abroad, it may be neces sary to tran sf er your information out side of the European Union to that count ry.
In addition, our web, WAP and similar sit es may be based on servers locat ed out side o f the European Union. Please not e that the data prot ection and other laws of countries out side the
European Union may not prot ect you as well as tho se within the European Union.
11.7 You should be aware that if we are request ed by the police or an y regulatory go vernment au thorit y in vestigating su spect ed illegal activities to pro vide your u ser information or information
concerning your activities whilst u sing the Service we sh all do so. We also reserve the right to disclo se individually identifiable information to third parties wh ere a complaint arises
concerning your use that is deemed by u s to be incon sist en t with these t erms.
11.8 We may disclo se to third parties aggregated dat a to the u se of the Service provided that a single individual is no t identifiable in such dat a.
11.9 A comprehen sive description of how we u se personal information is publicly available from the Information Commissioner - please see: www.dataprotection.gov.uk.
11.10 If you would like u s to tell you what information we hold about you, please writ e to u s c/o The Dat a Cont roller, TalkTalk Telecom Limited, 1 Port al Way, London, W3 6RS. We may charge a £10.00
administ ration fee; please quo te your full name, address, fixed line or Mobile Phone number (as appropriate) and accoun t number on all request s. You can also call Cu stomer Services or
speak to an emplo yee in an y Carphone Warehou se store to correct or updat e an y inaccurat e or incomplet e information and to advise u s of an y pref erences you may have concerning how
you can be cont act ed for marketing purpo ses or to indicat e your preferen ces for directory entries.
Opting Out
11.11 If you do not wish your det ails to be used for the purposes described in clauses 11.3.3, 11.3.4 and 11.4 please write to u s at th e abo ve address stating your full name, address, account
number and phone number. Please not e: this will not af f ect an y mark eting con sen t which you have already given to an y of th e companies ref erred to in this clau se in respect o f agreemen t s
relating to other product s and/or services.
11.12 If you pro vide u s with an y information about an y oth er individual, such as ano ther user of our services, it is your respon sibilit y to en sure th at that other individual consen t s to, and is made
aware of, the u se of th eir information by us for the purpo ses set out in this clau se.
11.13 Subject to your right s of objection set out in this clau se, and your right o f objection in the regist ration process, you agree that you consen t to u s, CPW Group or third parties cont acting you
for an y of th e abo ve purposes wheth er by t elephone, email, MMS, SMS or in writing and you confirm that you do not consider any of the abo ve as being a breach of an y of your right s under
The Privacy and Electronic Communication s (EC Directive) Regulation s 2003.
11.14 If you have regist ered your Mobile Service accoun t with us, we will pass your information to the Mobile Equipment National Database (“MEND”) and the Stolen Equipment National Dat abase
(“SEND”) (organisation s operated by Recipero Limited, a compan y regist ered in England and Wales under Compan y No. 3794898 and with it s regist ered of fice at Lawrence Hou se, Lo wer
Bristol Road, Bath BA2 9ET). Passing this information will enable MEND or SEND to con tact you in the even t that you lo se your SIM Card or it is stolen from you. Please cont act u s at th e above
addres s if you do not wan t your information to be passed to MEND and/or SEND. PLEASE NOTE: Once you have been regist ered with MEND and SEND, it is your responsibility to en sure th at
you notif y an y change of Mobile Phone to MEND and SEND to en sure th at there is no interruption of their service to you.
11.15 We may u se “cookies” and other so f t ware so as to be able to build up a profile of your int erest s and pref erences and this may be u sed by us to develop and operat e the Service.
12.1 Sometimes we are unable to do what we have agreed due to something beyond our reason able control. If this happen s we do not accept respon sibilit y for what has occurred.
13 Transfer
13.1 You may not tran sf er the whole or any part of th e Contract without our prior writ t en consen t.
13.2 Your Contract may be administ ered in whole or part b y ano ther compan y within the CPW Group.
14 Disputes
14.1 If you have a complaint or query regarding any aspect of th e Services including your bill, please cont act u s by calling Cu stomer Services or by writing to u s at TalkTalk Telecom Limited, PO
Box 156, Birch wood, Warrington WA3 7WR. Please include your both your phone (or Mobile Phone number if appropriat e) and cu stomer account numbers in an y correspondence.
14.2 If you are not happy with our respon se to any complaint or query that you mak e, you may ref er your complaint to the Telecoms Omsbudsman at www.otelo.org.uk or on 0845 050 1614.
14.3 We aim to fully resolve all email queries within 5 working days of receipt and all writ t en queries within 7 working days of receipt. In the unlikely even t we are unable to fully resolve a complaint,
you may ref er your case to the Telecommunication s Ombudsman, Ot elo via Telephone on 0845 050 1614, or e-mail: [email protected] .
15 General
15.1 We may change these Condition s at an y time for legal, regulatory or commercial reason s. We will notif y you of all such changes in writing and/or by publishing them on our Websit e
(www.talktalk.co.uk). To the ext en t that such changes are to your mat erial det riment or relat e to an increase in the charges, we will give you at least thirt y (30) days notice o f such changes
by writing to you and/or publishing them on our Web sit e, or in the ‘Buyer’s Guide’ available in any Carphone Warehou se stores, or pro viding them on our Cu stomer Services telephone line by
way of a recorded message, or for changes to the Mobile Service sending you an SMS or by posting them on our web sit e for the Mobile Service locat ed at: www.talktalkmobile.com. If you
object to such changes you may be able to terminat e your Cont ract at any time in accordan ce with the pro vision s of clau se 10 by giving us not less than 10 days’ no tice.
15.2 The Con tract set s out the whole agreemen t bet ween you and us for the pro vision of the Services and supersedes all prior agreemen t s bet ween you and us. Neith er of u s has relied on an y
represen t ation arrangemen t underst anding or agreemen t (wheth er writ t en or oral) not expres sly set ou t in these Condition s. These Condition s also apply if you lend or give your SIM Card to
someone else.
15.3 If an y particular clau se of these Conditions shall be, or be held to be, invalid or shall not apply to the Con tract, the other clau ses hereo f sh all continue in full force and ef f ect.
How We Can Notify Each Other
15.4 Any notice which has to be given under these Condition s sh all be in writing and shall be deemed to have been given by u s if, lef t at or sen t by po st to you at the address st at ed in your
application or any other UK address you supply to u s for this purpo se, or by you to us at the address given on your last monthly bill. Any no tice or documen t sh all be deemed to have been
delivered immediately (if delivered by hand) or 48 hours af t er po sting (if sen t by first class post). Ref erences in these Condition s to notices given to you by us “in writing” also include by SMS
(which mu st be sen t to your Mobile Phone number) and by email, which must be sen t to your email address st at ed in your application or an y oth er email address that you supply to u s for the
purpo se. Notices given by u s by SMS or e-mail shall be deemed to have been delivered the day af t er the day the no tice is sen t. For the avoidance of doubt you sh all not be entitled to serve
an y notice on us pursuan t to these Condition s by sending an SMS.
Call Monitoring
15.5 Monitoring or recording of your calls may tak e place for our business purpo ses, such as qualit y con trol and training, to preven t unau thorised use of our telecommunication s sy st ems and to
en sure ef f ective syst ems operation and in order to preven t or det ect crime.
15.6 We mak e every ef fort to en sure th e securit y of your communication s. You are however advised that for reason s beyond our control, there is a risk th at your communication s may be
unlawfully int ercept ed or accessed by tho se oth er than the int ended recipient. For example, your communication s may pass o ver third part y Net work s o ver which we have no con trol and if
you are connected to an analogue Net work, there is no prot ection for your communication s o ver the air interf ace. If you are connect ed to the digital Net work, your communication s o ver the
air interf ace with our sys t ems are encrypt ed pro viding a great er level of prot ection, but even this canno t be guaran t eed. For Customers of our Mobile Service, please also read carefully the
instru ction s pro vided with your SIM Card. Depending upon the manuf acturer and model, your Mobile Phone may send information stored on it and receive information to and from cert ain third
parties without your knowledge. If you use your SIM Card to access the int ern et, please not e that the int ernet is not a secure environmen t. Un wan t ed programs or mat erial may be
downloaded without your knowledge, which may give unau thorised person s access to your SIM Card or Mobile Phone and the information stored on your SIM Card or Mobile Phone. These
programs may perform action s that you have no t authorised, possibly without your knowledge.
15.7 Any calls you make using the Service, whether to Cu stomer Services or otherwise, may be recorded and so you hereby gran t u s, or our agen t s, the right to monitor or record your calls, emails
or SMS for our lawful business purpo ses, such as qualit y cont rol and training, to preven t unaut horised u se of our telecommunication s sys t ems, to ensure ef f ective syst ems operation and in
order to preven t or det ect crime.
15.8 Failure by eith er you or u s to exercise or en force an y right conf erred by st atu te or the Con tract sh all not be deemed as a waiver o f any such right s nor preven t the exercise or enforcemen t
of su ch right s at a lat er dat e.
15.9 Except in the case of an y permitt ed assignmen t of th e Contract, a person who is not a part y to the Con tract has no right s under the Con tract s (Right s of Third Parties) Act 1999 or otherwise
to enforce any clau se of the Con tract.
15.10 These Conditions, and all other legal relationships bet ween u s sh all be governed by English Law, unless you live in Scotland in which case Scot tish Law will govern, and are subject to the
exclusive court s of England and Wales, Scotland or North ern Ireland.
Schedule 1
1.1 In these Condition s (unless the cont ext oth erwise requires):
“Access Code” mean s th e prefix 18418. TalkTalk may alt er the Access Code at an y time, at our sole discretion or as required by an y go vernment agen cy;
“Billing Period” mean s an y period in respect of which we bill you from time to time for your use of an y of th e Services pro vided to you;
“Broadband Service” mean s the high speed ‘always on’ Net work acces s to the int ern et pro vided in accordance with the particular t ype of Tarif f Plan cho sen by you and supplied to your Premises via either
our Net work or your BT landline and which is pro vided in accordance with the t erms o f your Contract;
“BT” mean s British Telecommunication s Plc, 81 Newgate Street, London EC1A 7AJ and may as th e con text requires include without limitation ‘Open Reach’ or an y oth er trading division of BT from time to
time;
“Carphone Warehouse” mean s The Carphone Warehou se Limited (registered in England under Compan y Number 2142673) of 1 Port al Way, London, W3 6RS;
“Charges” mean s our published list of prices as amended from time to time applicable both to our Services in general and your particular Tarif f Plan. To obtain a cop y please call in at your local Carphone
Warehou se store, or telephone Cu stomer Services or visit our Websit e;
“Commencement Date” mean s th e dat e upon which our supply to you of an y Service commences, and the relevan t Commencemen t Dat e for each Service will be as communicat ed to you by us. This date is
no t guaran t eed but a Cu stomer of the Call Services sh all be deemed to be ‘active’ from 12 midnight on the day before such a Cu stomer’s Commen cemen t Dat e;
“Conditions” mean s th ese t erms and condition s as amended by us from time to time in accordance with clau se 15.1;
“Content” mean s text u al, visual or other information, sof t ware, photo s, video, graphics, mu sic, sound and other material appearing on or available through the Broadband Service or the Mobile Service
including all information supplied by cont en t pro viders from time to time;
“Contract” mean s the contract bet ween you and us to pay for and receive th e Service set out in these Condition s (togeth er with such changes and/or other t erms as may be no tified to you from time to
time) and your curren t Tarif f Plan as amended from time to time;
“CPS” mean s ‘Carrier Pre Selection’, which is the Net work acces s mech anism that occurs when a particular t elecommunication s operator, automatically programmes your local telephone exchange to
rout e your calls or traf fic over a particular carrier’s Net work withou t your CPE having to be recon figured or you having to dial additional (prefix) codes on your telephone prior to making a call or using any
other telecommunication s service;
“Call Service” mean s th e service that we pro vide to you that allows abilit y to make t elephone calls via our Net wo rk in accordance within the terms of your Con tract and which, for the avoidance of doubt,
may include without limitation Intern ational Access. We may pro vide the Call Service to you using either CPS or LL U;
“CPW Group” mean s The Carphone Warehou se Group Plc (compan y no: 3253714), and an y ot her compan y or entit y in which CPW Group own s (directly or indirectly) more than 15% of the issu ed share
capit al including, without limitation, it s in surance companies, Carphone Warehou se, Opal Telecom, Talk Talk and TalkTalk Direct;
“Credit or Debit Card” mean s your nominat ed credit or debit card, details o f which you have provided to us by an y mean s;
“Credit Limit” mean s an y credit limit, which is applied to your accoun t either wh en you apply for an y Service or at an y time thereaf t er and described more fully in clau se 9;
“Customer Services” mean s the cu stomer services f acilit y pro vided by us for you to report any f ault s with an y Service or make general or account enquiries via 0870 444 1820 (or such oth er number as
may be ad vised to you by us from time to time) or by emailing: [email protected] . Cu stomer Services help-line facilities are available in respect o f both the Call and Broadband Service
bet ween the hours of 8am to 8pm Monday to Friday, 9am to 6pm on Saturday s and 10am to 5pm on Sundays. If you call Cu stomer Services from your Call Service fixed line telephone number, which is
regist ered with TalkTalk, such calls will be free, all calls made to Cu stomer Services from oth er numbers will be charged at national rat es. Calls to Cu stomer Services may be monitored;
“Denial of Service Attacks” mean s an y at t ack s to the Net work on which the Broadband Service is pro vided or an y oth er third part y’s Net work, the purpo se of which are to at t empt to preven t legitimat e
users from using or enjo ying the benefit of the Broadband Service or an y oth er similar service (as th e case may be), including but not limited to, at t empt s to ‘flood’ the Net work or to disrupt users from
connecting to, acces sing or u sing the Broadband Service;
“GSM” mean s th e Net work known as the Global Syst em for Mobile Communication s;
“GSM Gateway“ mean s a fixed device cont aining one or more SIM Cards which enables a call from a fixed phone to a Mobile Phone to be routed directly into a mobile Net work as if it were from a Mobile Phone
and thereb y at t ract a diff eren t call rat e;
“IDA” mean s indirect access which is a fixed line telephon y product which allows a customer to acces s special call rat es b y first dialling a prefix immediat ely before making a call;
“Inclusive Calls” mean s tho se calls, which are made: in the Unit ed Kingdom only; by Customers who have been notified that th ey are eligible to benefit from Inclusive Calls; and are either:
- bet ween Cu st omers of our Call Services from their fixed line telephone number which is regist ered with u s; or
- to a TalkTalk mobile SIM Card number from a registered number of a Customer of our Call Service; or
- from a TalkTalk mobile SIM Card number to regist ered number of a Cu stomer of our Call Service;
and which, if made in accordan ce with clau ses 3.6 or 5.21 as applicable, will not cau se you to incur Charges. For the avoidance of doubt, Inclu sive Calls do not include any calls bet ween cu st omers u sing
Mobile Phones wheth er su ch calls are made on the TalkTalk mobile Net work or an y oth er mobile Net work;
“International Access” mean s calls to intern ational telephone numbers via our Net work which may be made by dialling the Access Code prior to dialling the int ern ational telephone number that you wish to
call. A list of the countries which may be called via the Acces s Code and the charges (if an y) applicable to such calls is list ed on our web sit e at: www.t alk t alk.co.uk or is available from Cu stomer Services or
by emailing: [email protected] ;
“internet” mean s sh all mean the global dat a Net work comprising numerou s int erconnected Net work s communicating via telecommunication s sys t em as defined in Section 4(1) of the Teleco mmunication s
Act 1984 or by such other methods as may hereaf t er be developed, inven t ed or disco vered, commonly kno wn as th e int ernet;
“Line Rental Provider” mean s the service provider, such as u s or BT, who rent s to you the fixed telephone line that you use to receive th e Services;
“LLU” mean s Local Loop Unbundling which is a technology th at allows alt ern ative telecommunications companies to put their own equipment onto the end of a con sumer’s copper local loop and own the
connections for the local exch ange in stead of BT, so as to of f er services in competition with BT;
“LR Service” mean s th e LR service pro vided to you by us, which allows you to obtain from us th e telephone line(s) on which you make your calls or connect to the int ernet. We may pro vide the LR service to
you using either wholesale line rent al or LL U;
“Minimum Period” mean s eith er (and subject always to paragraph iii. belo w):
i. for an y Cu stomer who tran sf ers their existing telephone line to our LR Service, a minimum period of at least three (3) month s from the Commencemen t Dat e of su ch LR
Service;
b. a new line (as oppo sed a line which is tran sf erred as described in paragraph i. abo ve) in st alled for the LR Service;
th e period of t welve (12) month s from the Commen cemen t Dat e of an y such Broadband Service or from the date wh en the new line becomes active. If the Broadband Service
or new line is provided using LLU you may be subject to a longer minimum period (specified in your Contract) being at least eight een (18) month s f rom the relevan t
Commencemen t Dat e;
iii. no t with st anding the pro vision s o f paragraphs i. and ii. abo ve, if you enter a Cont ract (or upgrade an existing Contract ) for cert ain product s th at we of f er (which may include,
without limitation, our combined product s i.e. any product under which you receive our LR Service, our Call Service and our Broadband Service), your Cont ract will have a
Minimum Period of eight een (18) month s. This period will st art from the Commencemen t Dat e of your connection to the Call Service elemen t of that product or from the dat e of
your upgrade. We will tell you if this applies to you;
“MMS” mean s Multimedia Messaging Service that allo ws a u ser to send limited volume multimedia messages to other mobile users;
“Mobile Extra” mean s a discoun t which may be up to t wen t y five percen t (25%) of f all calls made b y you to Mobile Phones, excluding calls made to foreign Mobile Phones in or out side t he UK, subject t o
paymen t of the applicable one-of f advan ce charge and the condition s set ou t in clau se 3;
“Mobile Phone” mean s a cellular telephone or similar communication equipment which can be used for making and/or receiving calls;
“Mobile Service” mean s airtime service enabling you to mak e or receive calls and to send and receive data by mean s of the Net work, including, without limitation, the abilit y to acces s information from the
intern et and an y additional services we agree to provide to you pursuan t your Con tract;
“Modem” mean s the high-speed modem and ancillary equipment th at we, or our authorised dist ributors, will supply to you when you sub scribe to the Broadband Service that enables you to connect your
person al comput er (“PC”) to an y Net work;
“Network” mean s as th e cont ext requires either th e public swit ched telecommunications, internet proto col pack et Net work and/or a wireless t elegraph y link by mean s of a cellular radio syst em operat ed
by a Net work Operator;
“Network Operator” mean s, as the context requires T-Mobile, Opal Telecom or such oth er compan y or companies from time to time that operat e a fixed line or mobile Net wo rk or ‘virtual’ Net work which can
be acces sed for communication purpo ses;
“Opal Telecom” mean s Opal Telecom Limited (regist ered in England under compan y number 3849133) of Northbank Indust rial Est ate, Irlam, Manchest er M44 5BL;
“Premises” mean s the UK premises wh ere we agree we sh all pro vide you with the Broadband Service and/or the LR Service;
“Pre Pay” mean s where a Cu stomer pays for their use of th e Service in advan ce;
“Service(s)” mean s, as th e context requires, an y of: the LR Service; the TalkTalk Plus Service, the Call Service; the Broadband Service; the Mobile Service or an y oth er telecommunication s services th at we
may pro vide to you pursu an t your Contract;
“SIM Card” mean s the sub scriber iden tit y module card being a unique chip card, which you need to access and use the Mobile Service;
“SMS” mean s short messaging service that allows a u ser to send short t ext messages to other mobile u sers;
“TalkTalk”, “we”, “us”, “our” mean s TalkTalk Telecom Limited (trading as TalkTalk TM ) (regist ered in England under Compan y Number 4633015) of 1 Portal Way, London, W3 6RS;
“TalkTalk Direct” mean s TalkTalk Direct Limited (regist ered in England under Compan y Number 5303195) o f 1 Port al Way London, W3 6RS;
“TalkTalk Plus Customer” mean s an y customer of TalkTalk who has been notified of the TalkTalk Plus Service either before or when they agree to become a cu stomer of the TalkTalk Plu s Service or who
has ask ed us to become a TalkTalk Plus Cu stomer and who ent ers a Contract with u s to receive th e TalkTalk Plus Service;
“TalkTalk Plus Service” mean s a TalkTalk service that of f ers both the Call Service and, when it becomes available, the LR Service;
“Tariff” mean s the t arif f set ting out our list of Charges for an y o f the Services we of f er from time to time, copies of which are available at our Web sit e or by cont acting Customer Services. Although we are
able to launch new TalkTalk product s and/or alter our Tarif f s at an y time, if we mak e an alteration to your existing Tarif f (but not if we simply launch a new Tarif f ), which has a mat erial detriment al ef f ect on
you, the pro vision s of clau se 15.1 may apply;
“Tariff Plan” mean s the monthly Tarif f (th at may include some elemen t s which are not chargeable) which you select for the Services at th e time you place your Order and which you may change from time to
time by agreemen t with u s and where we agree, such change to take ef f ect at the st art of your next Billing Period;
“Technical Support Helpline” mean s the Broadband Service technical support telephone helpline available via 09067 112 211 (or such other number as we may ad vise from time to time) bet w een the hours
of 8am and 10pm, Monday to Sunday (except cert ain public holidays). Calls to the Technical Support Helpline are charged at premium rat e (as specified from time to time on our Web site). All calls may be
monitored. This technical support help line is specific for the Broadband Service only;
“Top-Up” mean s an increase b y a Customer in the amount of access th ey can receive to the airtime pro vided by the relevan t Net work Operato r. A Cu stomer may ‘Top Up’ their abilit y to access and use the
Service b y all the usu al methods, including without limitation, swiping a Credit or Debit Card at an appropriat e terminal or by calling an appropriat e t elephone number the det ails of which are available from
Cu st omer Services. You should call Cu stomer Services on 08700 870 100 if you require an y furth er information;
“Transmission Speed” mean s the rat e in either thou sand s of bit s per second (“Kbps”) or millions of bit s per second (“Mbps”) that dat a is tran sf erred bet ween t wo modems. Your tran smission speed is that
specified in your Tarif f Plan;
“Website” mean s the websit e for the TalkTalk bu siness curren tly locat ed at url: www.talktalk.co.uk; and
“you” and “your” mean s th e person named in the application process and/or, where the cont ext requires, it includes a person we reasonably believe is acting on that person’s au thorit y.
1.2 Words in the singular shall include the plural and vice versa and ref eren ces to legal person s sh all include natural person s and vice versa.
1.3 The heading s in these conditions are intended for ref eren ce only and shall not af f ect th eir const ru ction.