We are a limited company registered under Fibre Telecom Networks Ltd trading as CallingU and Finet, VAT Number 393 7105 82, Company Number 13553030 with registered address 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom.
CallingU do not warrant or represent:
– the completeness or accuracy of the information published on our website
– that the material on the website is up to date
– that the website or any service on the website will remain available
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website. Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy. We may revise these terms and conditions from time to time.
You mustn’t rely on commentary and other material posted on our website. They aren’t meant to be treated as advice. We don’t accept any responsibility at all for losses, damages or costs to anyone who relies on such material or commentary.
We’re the owner or the licensee of all intellectual property rights on our website, and in the material published on it. Intellectual property rights include patents, trademarks, service marks, trade names, copyright (including, but not only, rights in computer software and in websites), rights in databases, rights in design and know-how. Our website and the material published on it are protected by copyright laws and treaties around the world. Other than as set out below, you mustn’t republish or redistribute the content or material on our website (including by framing or similar methods).
You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others to material posted on our website. You mustn’t change the paper or digital copies of any material you have printed off or downloaded in any way, and you mustn’t use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must always acknowledge us (or any others who are identified as contributors of material on our website) as the authors of the material on our website. You mustn’t use any part of the material on our website for business purposes without first getting a licence to do so from us or those who have granted us a licence.
If you print off, copy or download any part of our website in a way that doesn’t follow these Website Terms and Conditions, your right to use our website will end immediately. If we then tell you to return or destroy any copies you’ve made of the material, you must do this immediately.
If you believe that your intellectual property rights have been infringed either on the internet or through any of the internet services provided by us, you may contact us and request that the infringing material is removed or access to it blocked. We’ll fully investigate any complaints and, if we think (acting reasonably) there is an infringement, we’ll take action to sort things out.
We aim to update our website regularly and may change the content at any time. If we need to, we may suspend access to our website, or close it. Although we’ve tried to make sure the content is accurate, any content on our website may be incomplete, contain mistakes or be out of date at any given time. We don’t have to update this content. You should check any information you get from our website before acting on it.
We may update or change these Website Terms and Conditions at any time. You should check them from time to time to take notice of any changes we made, as they’re legally binding on you, if you use our website. Sometimes a notice or other provision on another part our website might replace part of these Website Terms and Conditions.
We don’t guarantee or promise that the content or material on our website or things mentioned on it are accurate or available. Neither we nor any company in our group (or any person connected with us or any group company) accepts responsibility (except to the extent a law requires otherwise) for any:
– conditions, warranties and other terms which might be implied by law. (Sometimes the law suggests that particular conditions, warranties or terms are treated as part of an agreement, even if they’re not specifically put into that agreement
– these are “terms implied by law”. We don’t include any terms implied by law in our terms and this means you can’t make claims based on them);
– loss which isn’t a reasonably predictable result of our negligence or of our not following these Website Terms and Conditions;
– liability for any direct, indirect or consequential loss or damage incurred by any user of our services or in connection with the use, inability to use, or results of the use of (i) our services, (ii) any equipment we supplied to you under an agreement for provision of our services (“Equipment”) (iii) any equipment you acquired from a third party or (iv) our website, any websites linked to it and any materials posted on it. This includes any liability for;
– loss of income or revenue;
– loss of business or opportunity;
– loss of profits or contracts;
– loss of savings you were expecting to make;
– loss or corruption of data, information or software;
– loss of goodwill;
– the cost of getting substitute goods or services;
– wasted management or office time;
– and for any other loss or damage of any kind, however it happens, even if it is predictable.
CallingU shall provide each Service from the relevant Services Start Date for the Term on and subject to the terms of the Agreement.
CallingU shall provide the Equipment, following acceptance of an Order:
– The Customer acknowledges and agrees that: (i) the Equipment remains the property of CallingU, may be used only to access the Services and, other than in relation to returning any Equipment, must be retained at the Premises during the term of the Agreement and thereafter, unless CallingU agrees otherwise in writing. If any Equipment is damaged or removed, the Customer will be liable to pay the then current cost of installation and/or replacement. For the avoidance of doubt, the Customer may not at any time sell (either directly or indirectly), export, re-export or transfer the Equipment to anyone else or use the Equipment outside the UK. The Customer must promptly provide CallingU with any information it requests in relation to the location of the Equipment.
– The Customer shall not: do anything or allow anything to be done at the Premises that may cause damage to or interfere with the Equipment or prevent use or easy access to it; or without prejudice to the generality of the foregoing, interfere or tamper with, sell, charge, mortgage or otherwise deal in or obstruct or remove or obscure notices attached to the Equipment nor allow any third party to do any of the foregoing.
In the event of a fault with the Equipment during the manufacturer’s warranty period, the Customer may contact Business Support and return the relevant item as directed. CallingU shall test and shall repair or replace the Equipment at no cost to the Customer save where CallingU reasonably believes that there is no fault or that the fault is due to the act, omission or negligence of the Customer, in which event the Customer shall be liable for payment of a Replacement Items Fee.
– On termination of the Agreement for any reason, the Customer shall return the equipment to CallingU. The Customer shall ensure that the equipment reaches CallingU in good working order. If either CallingU does not receive it within 14 days after the Agreement ends or does receive it but it is damaged or faulty, CallingU may charge the Customer the full replacement value.
– The Customer warrants that it is the current occupier of the Premises and either the freeholder of the Premises or a tenant under a lease with permission to install the Equipment at the Premises from the freeholder.
– The Customer hereby: (i) grants to CallingU a licence to perform such works as may be required to install apparatus (“Apparatus”) (including but not limited to Equipment and additional equipment) at the Premises, to retain and use such Apparatus so-installed and to connect to, maintain, alter, replace and/or remove the same and (ii) agrees to grant access to the Premises for CallingU, its employees, agents and/or contractors to inspect the Apparatus and perform the tasks set out in (i).
– CallingU shall cause as little disturbance at the Premises as reasonably practicable and shall repair, to the Customer’s reasonable satisfaction, any damage occasioned by it.
– The Customer shall follow any reasonable instructions given by CallingU in relation to the Apparatus and shall ensure that a representative is present at the Premises whenever access is required.
– The Customer shall obtain any consent or permission that might be required from a third party to cross their land or install Equipment on their Premises, including procuring signature of a wayleave agreement in such form as CallingU may reasonably require. CallingU is not obliged to install or provide the Services unless all consents and permissions have been obtained. If the Customer fails to procure any necessary consent or permission, CallingU may terminate the Agreement and in such event the Customer shall only be charged for any costs incurred by CallingU prior to the date of termination.
Following installation, save in relation to the Installation-only Service, CallingU shall assign to the Customer:
(i) either a single static IP address; or
(ii) where the Customer has purchased a 100Mb Service, a dynamic IP address,
and in each case, use of that IP address will be free of charge. The IP address so provided, along with any further IP addresses which CallingU may provide to the Customer for use, remain the property of CallingU and are for use solely in connection with the Service. The Customer cannot sell them or agree to transfer them to anyone else and must not try to do so. They shall revert to and may be reassigned by CallingU on disconnection of the Services or termination of the Agreement.
– The speed and performance of the Business Broadband Service will depend on a number of factors, some of which are outside CallingU’s control. CallingU does not warrant or represent that the connection will reach any given speeds or that maximum transmission speeds can be obtained at any given time. CallingU shall use its reasonable endeavours to inform the Customer of any issues affecting the Services and shall attempt to resolve them as soon as reasonably practicable.
– The Customer agrees that any connection dates provided by CallingU are estimated only. CallingU shall not be liable to the Customer in contract, tort (including negligence or breach of statutory duty) or otherwise for any delay in installing or activating the Services or otherwise for any failure to achieve such dates.
– The Customer shall pay the Charges and any VAT that may apply in relation to them. The Charges are as agreed in the terms of the relevant Order or, if not so agreed, as stated on the Website or in the Guide to Charges and Fees for Business Customers, as amended or updated from time to time.
– All recurring Charges are payable from the relevant Services Start Date and shall be collected (along with any applicable VAT) in advance. Call Charges will be collected (along with any applicable VAT) in arrears. If possible, Call Charges will appear on the immediately subsequent invoice, but they may instead be included on a later invoice. One-off charges (along with any applicable VAT) are payable as incurred.
– Save in respect of the Installation-only Service, the Customer will receive the first invoice relating to the Service on the day after the Services Start Date. This invoice will include a Rental Charge amount (and any applicable Static IP Address Fee) for the first month of Services, as well as any applicable Activation Charge and/or Installation Fee. The Customer will receive all subsequent monthly invoices (for the next month’s Rental Charge and (if applicable) Static IP Address Fee, along with any unpaid Call Charges incurred prior to that invoice) on the same date in the month as the first invoice (or, for any month where that date does not exist, on the last day of that month). The amount set out in an invoice, plus any applicable VAT thereon, will be debited from the Customer’s bank account, as agreed when the Order was placed, 14 calendar days after the invoice date.
– All invoices will be issued via email prior to the due payment date.
– When the Customer places an Order, it must provide its bank account details and agree to pay invoices in respect of its Services by direct debit. The Customer shall pay all Charges by direct debit only save that the Customer may use a CallingU-approved debit or credit card to pay for an Installation-only Service or (at CallingU’s request) to make an interim payment relating to Call Charges incurred. The Customer shall notify CallingU immediately of any change in the bank details it previously notified to CallingU in connection with its Services. CallingU may charge a £10 “Direct Debit Return Fee” by way of compensation for any direct debit payments which are not honoured for any reason. Further, CallingU may charge the Customer a Re-activation Fee (as set out in the Guide to Charges and Fees for Business Customers) where it re-activates the Customer’s Services, after those Services have been suspended or disconnected for any reason.
– The Customer shall pay all sums due in full on or prior to the due date, as provided in Clause 8.3. No deductions or withholdings are permitted except as required by law.
– CallingU may charge interest on overdue amounts from the due date until payment in full (whether before or after judgment) at the annual rate of 4% per annum above the base rate of Barclays Bank plc from time to time.
– CallingU may from time to time in its sole discretion restrict the Services on the basis of the Call Charges incurred by the Customer each month. CallingU shall notify the Customer if it is likely to exceed any cap set by CallingU in relation to Call Charges (and previously notified to the Customer by CallingU) in any month and the Customer shall then have the option of paying a portion of the Call Charges incurred that month by credit card to avoid suspension of the Telephone Service.
– Calls to Business Support will be charged at local call rates which will be free of charge at evenings and weekends using the Telephone Service and free always using the “free anytime” Additional Telephone Package. Charges from other networks may vary.
– If the Customer disputes the amount of any invoice, it shall notify CallingU forthwith and shall pay any amounts not disputed. CallingU will not suspend or end the Services while it investigates any dispute notified to it.
– All prices shown on the Order, on the Website and in the Guide to Charges and Fees for Business Customers are exclusive of VAT, which may be charged as applicable and shall be payable.
– The Customer offers to purchase Services on these Terms when it submits an Order and the Agreement between the parties starts on the date CallingU accepts the Order.
– The Services shall be provided with effect from the relevant Services Start Date. CallingU may terminate the Agreement in relation to any Services without liability at any time prior to the Services Start Date:
(i) if the Customer fails a credit check;
(ii) if the bank, debit or credit card details provided are not valid or incorrect;
(iii) if the Customer fails to pay any Charges when due;
(iv) if the Customer has previously misused services provided by CallingU;
(v) if CallingU is unable to provide the Services to the Premises for any reason; or
(vi) for any other reason at its sole discretion. If CallingU terminates the Agreement as provided in this Clause 11.2 other than as a result of the Customer’s act or omission including for the reasons set out in (i) to (iv) in the preceding sentence, any Charges paid by the Customer in respect of the relevant Services shall be refunded.
– The Customer may cancel the Services at any time prior to the relevant Services Start Date, subject to payment of the Order Cancellation Fee.
– The Customer may terminate the Agreement or any Service at any time on at least 30 (but no more than 180) days’ written (by email or letter) notice, and in order for a notice period longer than 30 days to be applied to such termination, this longer notice period must be specified as an exact number of days (or using an exact termination date) and be requested by the Customer in such written notice. This 30 (or, if and as specifically requested by the Customer, up to 180) day notice period shall run from receipt by CallingU of the Customer’s written notice to terminate, provided that termination during the Minimum Period of any Service shall be subject to payment of the Service Termination Fee in respect of that Service as detailed in the Guide to Charges and Fees for Business Customers.
CallingU may terminate the Agreement and any other agreement between the parties in respect of some or all Services or, at its option, restrict or suspend some or all of the Services immediately without notice if:
– The Customer fails to pay, by the due date, any money owed (although CallingU l provide notification to the Customer’s current registered email address prior to taking this action) or cancels the direct debit for the Services without agreeing another form of payment;
– the Customer misuses any of the Services in contravention of the AUP;
– in relation to the Telephone Service, the Customer exceeds any account cap (set by CallingU and already notified to the Customer), in which case the Telephone Service may be suspended or restricted;
– CallingU has reason to believe that the Customer has provided false, inaccurate or misleading information in connection with the Agreement;
– CallingU has reason to believe that the Customer or any user of the Services has committed, or may be committing, a fraud by using the Services or the Equipment (or both);
– a Customer representative acts towards CallingU’s staff or agents in a manner that CallingU considers inappropriate;