Tariff Specific Terms & Conditions Effective From: 1st August 2010 Download as PDF
Rates Summary (inclusive of VAT at 20%)
Essential Package Elements |
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|---|---|
| Line Rental | £11.23 per month |
| Inclusive Calls: UK Landline Evening and Weekend | Free weekend and evening |
| 8Mbit Broadband | £6.12 per month |
| 24Mbit Broadband | £11.75 per month |
Extras |
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|---|---|
| Inclusive Calls: UK Landing Anytime Calls Extra | £4.60 per month |
| Broadband: Extra Data Capacity in addition to 40GB | £1.05 per month |
| Paper Billing | £1.50 per month |
Additional Rates |
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|---|---|
| New Service Connection Fee | £31.00 one-off |
| New Line Installation | £31.00 one-off |
| Router if required | £21.00 per router |
A. Essential Package Elements
The following terms apply to all our packages:- Minimum Term All our services and packages are subject to a Minimum Term of 18 months. This means that you must pay all monthly charges for at least 18 months. After the 18 months you can terminate the service by 1 months prior notice to us, but the service will actually end when we are able to terminate it with the telecommunications operator (e.g. BT) from whom we procured the service Connection Fee A one-off service connection fee of £31.00 applies to all new orders. This is in addition to our new line connection charge below. Line Rental and Calls Inclusive Calls: UK Landline Evening and Weekend Calls Where you order a package that includes evening and weekend calls then the monthly charge will include the following calls on the folliowing terms:-
If you make a call which is outside the above, then we may charge you for the call at the standard or published rate, premium rate, or other applicable rate calls to that number. Inclusive Calls: International Landline Calls to Named Countries Where you order a package that includes international calls then the monthly charge will include the following calls on the following terms:-
If you make a call which is outside the above, then we may charge you for that call at the standard or published rate, premium rate, or other applicable rate for calls to that number. Inclusive Calls: Fantastic Telecom/Fantastic Broadband CustomersWhere you order a package that includes calls to other Fantastic Telecom/Fantastic Broadband users, then the monthly charge will include the following calls on the following terms:-
Broadband Where you order a package that includes broadband then we will provide you with broadband internet connectivity through the landline rented by us to you as follows"-
Billing All billing is by e-mail notifications only.
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B. Extras
The following terms apply where you have ordered any extras:-
Minimum Term All extras have a Minimum Term of 30 days. Once you have ordered and extra, you will continue to recieve it untill you terminate it or your contract ends. You may order for the telephone line and call services you obtain from us additional line and calling features (such as call waiting and 1571), as available from the wholesale telecoms operator (e.g. BT) from whom we procure the service. Inclusive Calls: [UK Landline] Anytime Calls Extra Where you order a package that includes our Anytime Calls Extra package then the monthly charge will include the following calls on the following terms:-
If you make a call which is outside the above, then we may charge you for the call at [the standard or published rate, premium rate, or other applicable rate for calls to that number]. Broadband: Additional Data Capacity You may order and addition 40GB (Giga Byte) per month data upload and download (combined) allowance for your broadband connect for an additional monthly fee, in addition to the per month data allowance that is part of the standard package as detailed above. Billing: Paper Billing You may order paper billing at our additional monthly charge noted above. |
C. General
Status and Acceptance All orders are subject to status and acceptance. Payment Payment is by direct debit only, and we may make an additional charge for payments by any other method. Standard Terms and Conditions Our standard TERMS AND CONDITIONS (RESIDENTIAL) apply. Charges All charges and rates may be varied from time to time by notice to you. |
Terms and Conditions - Residential Download as PDF
1. About Us
| FANTASTIC-TELECOM/FANTASTIC-BROADBAND is a trading name of MDS Telecom Group Limited, registered in England and Wales under number 4190159 whose registered address is 52 The Ropewalk Nottingham NG1 5DW, and your Contract is with MDS Telecom Group Limited. These terms and conditions apply to all goods and services provided by MDS Telecom Group Limited to residential customers. |
2. Your 7 Day Cancellation Rights
| Home Visit Contracts | If the Contract was made during or following a visit to you at your home or place of work, then you will for a short time have a right to cancel the Contract under the Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008, by notifying us within 7 DAYS after we told you about your right to cancel. However, you agree that the Services can start before the end of the cancellation period, and if you cancel after they start you must still pay for them. |
| Telephone and Web Contracts | If you entered into the Contract with us by telephone or using our website, you will have for a short time a right to cancel the Contract under the Consumer Contracts (Distance Selling) Regulations 2000, by giving us notice within 7 DAYS of making the Contract. However, you agree that the Services can start before the end of the cancellation period, and accordingly you cannot cancel the Contract after they start. |
3. Key Terms To Note
Your attention is drawn to the following key terms :
| Minimum Term | The Minimum Term for the Contract is 18 months from the Activation Date, or such other minimum term stated in our Tariff Specific Terms. You are liable to pay the Charges for the whole of the Minimum Term, even if you want to change suppliers, or are moving home. See Condition 5. |
| Direct Debit | You must pay the Charges by DIRECT DEBIT, and we may make an additional Charge for payments made by any other method. See Condition 7. |
| Misuse | You must compensate us for any loss, damage or liability we suffer if the Services are misused by you or anyone you allow to use the Services. See Condition 9. |
| Limitation of Liability | Our liability to you for each month is limited to the Charges for that month. This does not affect your statutory rights that cannot be limited or excluded. See Condition 11. |
| Your Data | Our data protection policy is set out in Condition 12 below. |
| Your equipment | You must ensure that your computer and other equipment used to access the Services meets our minimum specifications and runs at least Windows XP. |
4. Definitions
| "Activation Date" | means the date the Services are actually live and available for use at your Home; |
| "Charges" | means our charges payable by you for our Services and Goods as detailed in the Order, our Tariff Specific Terms, our Web Site, and these terms and conditions; |
| "Contract" | means the contract between you and us incorporating these terms and conditions |
| "Goods" | means equipment ordered by you from us, such as a modem, router, or micro-filter; |
| "Home" | means your home where our Services and Goods are to be provided as stated in the Order; |
| "Inclusive Calls" | means any types of calls which are inclusive in a monthly Charge for any Service, as stated in our Tariff Specific Terms, which may be identified by features such as dialling code, location, time and day, and duration; |
| "Minimum Term" | means the minimum term for the Services, which shall be 18 months from the Activation Date, or such other minimum term stated in our Tariff Specific Terms; |
| "Order" | means the agreed order between you and us which incorporates these terms and conditions, including any telephone order, web site order, or written order; |
| "Tariff Specific Terms" | means any and all additional terms and conditions we publish from time to time relating to our Services and Goods, including on our Website, including details of any Inclusive Calls and Minimum Term; |
| "Telecoms Operator" | means British Telecommunications plc (BT) and any other third party operator, provider or reseller from whom we procure any Services, or who is the ultimate provider of any of any Services or associated networks or systems; |
| "Services" | means the services to be supplied by us under the Contract, as set out in the Order, being line rental, call services, broadband internet access, and/or other data, internet, or telecommunications services as the case may be; |
| "You, Your" | means the residential customer who has entered into the Contract with us; |
| "We, Us, Our" | means MDS Telecom Group Limited, trading as FANTASTIC-TELECOM/FANTASTIC-BROADBAND; |
| "Website" | means any website of ours or our partners, including http://www.fantastic-telecom.co.uk, http://www.fantastic-telecom.com, http://www.fantastic-broadband.co.uk and http://www.fantastic-broadband.com. |
5. Supply
| Agreement | We agree to supply and provide you with the Services and Goods to your Home, and you agree to purchase and pay our Charges for the Services and Goods, on the terms of the Order, these terms and conditions and the Tariff Specific Terms. |
| Minimum Term | You agree to purchase the Services and pay the Charges for the Minimum Term, from the Activation Date. You may not terminate the Services before the end of that Minimum Term (unless due to our breach). At the end of the Minimum Term, you can terminate the Services by 1 month's prior notice to us. IF THE CONTRACT IS TERMINATED OR ENDS BEFORE THE END OF THE MINIMUM TERM FOR ANY REASON (OTHER THAN OUR BREACH) THEN YOU MUST STILL PAY TO US THE AMOUNT OF THE CHARGES WHICH WOULD HAVE BEEN PAYABLE HAD THE CONTRACT CONTINUED TO THE END OF THE MINIMUM TERM. |
| Extras | Where any Services are "Extras" under the applicable Tariff Specific Terms, then these Services (only) may be terminated sooner, by the period of notice stated in the Tariff Specific Terms, or if no period of notice is stated, 30 days prior notice. |
6. Set-up and Delivery
| Activation Date | We reserve the right not to supply the Services or Goods until after the end of any cancellation period mentioned in Condition 2. The Services will commence on the actual Activation Date. We will use reasonable endeavours to set up and commence the Services as soon as practicable with our Telecoms Operator, but any dates provided are estimates only, and the standard timescales of our Telecoms Operator apply. Any Goods will normally supplied to arrive prior to the Activation Date. |
| Work at your Home | If we or our Telecoms Operator need to survey your premises and install or set-up any cabling and equipment at your Home to provide the Services, you must provide access to your Home during normal working hours for this purpose, and you must comply with all procedures and timescales of the Telecoms Operator. |
7. Charges and Payment
You agree to pay our Charges for the supply of the Services and Goods as detailed in the Order, the Tariff Specific Terms, and as detailed below.
| Initial Charges | You must pay our initial one-off Charges, including charges for connection, new telephone lines, and Goods. We may invoice for initial one-off Charges on or at any time after the Contract is made, and this will be payable by you and collected by us within 7 days of the date of our invoice. We will normally include this invoice as part of our welcome letter sent to you after the Contract is made |
| Monthly Charges | You must pay our monthly Charges for the Services, including for any line rental, broadband, Inclusive Calls packages, and paper billing (if selected by you). We may invoice at the start of each calendar month for the monthly Charges for the previous calendar month, and you must pay our invoice and we may collect payment within 7 days of the date of invoice. For the first month, the monthly Charges for line rental, broadband, and Inclusive Calls will be prorated to the number of days from the Activation Date to the end of the month. At the start of the Contract you shall pay and we may collect an advance payment equal to the monthly Charges for a single month, which will be credited against your final monthly payment at the end of the Contract. We may invoice for this on or at any time after the Contract is made, and this will be payable by you and collected by us within 7 days of the date of our invoice. We will again normally include this as part of our welcome letter sent to you after the Contract was made. |
| Call Charges | You must pay our Charges for all telephone calls not included in any Inclusive Calls. Where any Inclusive Call is limited by duration (e.g. number of minutes), and you exceed that duration, then we may Charge you for the whole of that call (and not just the excess minutes), and you should re-dial before the duration is up to avoid this Charge. We will issue an invoice at the start of each calendar month for all calls made by you in the previous calendar month, and this shall be paid by you and may be collected by us within 7 days of the date of that invoice. |
| Usage Charges | Where any Services are subject to any specified quantities, capacities, or other limits (such as monthly data usage for broadband), then you must pay our Charges for exceeding those limits. We will issue an invoice at the start of each calendar month for all excess usage by you in the previous calendar month, and this shall be paid by you and may be collected by us within 7 days of the date of our invoice, |
| Other Charges | We may make additional one-off Charges for the following: (a) moving any Service to an alternative telephone line; (b) for any change of status in relation to your telephone line, including cease and re-provide, and re-activation; (c) for any survey or work required at your Home to enable the provision of the Services (including to install any line); (d) for any work required to repair any faults or damage to any cables or other equipment at your Home, unless the fault or damage was caused by us or our Telecoms Operator; (e) for any missed appointments at your Home, because you fail to meet the appointment, or you cancel the appointment, or you fail to give access to your Home; (f) if an appointment is made to investigate a fault you reported, but no fault is actually found, or (g) for any costs and expense incurred by us in providing you with number portability, or as a result of misuse of the Services. We will issue an invoice at the start of each calendar month for all additional one-off Charges incurred in the previous calendar month, and this shall be paid by you and may be collected by us within 7 days of the date of our invoice. |
| Default Rates | If the amount of any Charge is not stated, then it will be at our published tariffs and rates, or, if we do not have one, at the published residential retail (not business or wholesale) tariff or rate of the Telecoms Operator, or otherwise a reasonable charge specified by us, including all charges payable to the Telecoms Operator. |
| E-mail and Paper Invoices | Invoices will be sent by e-mail only, unless you have purchased paper billing in the Order, when we will send you a paper copy by post. |
| Payment Time | You are required to pay our Charges and we may collect payment within 7 days of the date of our invoice. |
| Payment Method | You must pay our invoices and all Charges by DIRECT DEBIT, unless we otherwise agree in writing. If we agree to accept payment by debit or credit card, cash, cheque or other payment method, then we may charge you an administration charge (currently £5) for each payment received or collected by this method. Where payment is by direct debit, or if we accept payment by credit or debit card, then you authorise us (and our appointed agent) to collect the Charges from your bank by direct debit or from your debit or credit card when the Charges become payable. |
| Non Payment | If you fail to pay any Charges by the due date, or a direct debit is refused, or if a chargeback is made against us for Charges paid by direct debit or credit card, then: (a) we may charge you an administration charge (currently £10) for each such failure, refusal or chargeback; (b) you must pay any charges made against us as a result; (c) you must pay the amount of the overdue Charges and any chargeback; and (d) we may suspend the Services until you have paid such amounts and the reason for non-payment has been resolved to our reasonable satisfaction. |
| Interest | We may charge daily interest on overdue Charges at the rate of 5% per annum above the base rate of Barclays Bank PLC from the due date to the date the Charges are paid (before and after judgement). |
| Recovery Costs | e may recover our reasonable administrative, legal, and court and other costs and expenses incurred in recovering any payments due from you under the Contract. |
| Termination Date | When the Services are terminated, you must continue to pay the Charges (including for all calls, data and other usage), up to the actual date the Services cease, which will depend on when the Telecoms Operator deactivates the Services. |
8. Description of Goods and Services
| Goods | All Goods will be supplied new and in accordance with the specifications of the manufacturer. Title to the Goods will pass to you when you have paid the Charges relating to the Goods. If any Goods are provided free of charge, you must return these Goods and all packaging if the Contract is cancelled or terminated by you. |
| Services | All Services will be provided with reasonable care and skill, in accordance with any Tariff Specific Terms and any standard product descriptions of the Telecoms Operators. The Services may be subject to technical or geographical limitations, and we may cancel the Order if the Services cannot be provided to your Home. |
| Availability | The Services are not guaranteed to be fault free or free of interruptions. The Services may be suspended or interrupted due to planned maintenance and upgrades, unplanned faults, suspected security breach or emergency, maintenance, repair and operational reasons, and whenever required by the Telecoms Operator. |
| Faults | If you discover any fault with the Service you should notify us as soon as possible, and we will work with our Telecoms Operator, in accordance with their standard service level, to resolve the fault. |
| Fair Usage Policy | You shall comply with any fair usage policy of ours or our Telecoms Operators with respect to the Services. Your capacity, bandwidth and access may be restricted from time to time in accordance with any fair usage policy, and in any event where determined by us or the Telecoms Operator to ensure that all customers have a fair and reasonable share of available bandwidth and capacity. |
| Line Rental and Features | If you purchase a line rental Service, this will consist of the rental to you of a single analogue PSTN line to your Home. The line will be the basic service from the Telecoms Operator. If the Order includes extra line and calling features (such as caller display or voicemail) then we will also procure these from the Telecoms Operator. The line will be the existing line at your Home, taking over from your existing supplier, unless a new line is specified in the Order. You may only use us to carry calls over any line we rent to you. |
| Telephone Number | Line rental will include the provision of the telephone number for the line. The telephone number may be a new number allocated by us or one which is imported from another service provider under the number portability rules. You do not own any telephone number. If the Contract ends, you may be able to take your telephone number with you under the number portability rules, but we may charge to you any charges, costs or expenses we incur in connection with this. Your telephone number may be changed in accordance with any national or local code changes. |
| Call Services and Inclusive Calls | Where the Order includes call services, the Service will consist of enabling you to make voice analogue telephone calls over your telephone line at your Home. We may determine the networks through which calls are routed. The Service will be provided to the main telephone socket at your Home, and we do not guarantee that it will be available from any extension sockets. |
| Inclusive Calls | Where the Order includes an Inclusive Calls package, then the Inclusive Calls will be covered by our applicable monthly Charge. For the avoidance of doubt, Inclusive Calls do not cover internet and premium rate calls (such as 09) and calls to mobiles. |
| Broadband | Where the Order includes broadband we will procure for you an ADSL (Asynchronous Digital Subscriber Line) connection over the telephone line to your Home, which will give you internet access. We will also provide you with any POP 3 e-mail accounts, and access to an STMP e-mail sending server, which we decide to include with the broadband services from time to time at our sole discretion. Any IP address provided remains our sole property and is not portable. The Service will have the characteristics specified in the Order or any Tariff Specific Terms, including as to bandwidth (upload and download speed), contention ratio (how many other subscribers your bandwidth is shared with), and monthly data usage limits (how much data you can upload and download combined per month). Unless otherwise stated, your contention ratio will be as determined by the Telecoms Operator, you will be entitled to 50GB data transfer (upload and download combined) per month, and the Telecoms Operator's standard characteristics will apply. Your actual bandwidth will be the fastest connection speed we and our Telecoms Operator consider will be stable, up to the bandwidth specified for the Service. Actual performance will depend on a range of factors out of our control, including the distance your home is from your telephone exchange, number of other subscribers trying to use the connection at the same time as you, general network and internet congestion, and any throttling of specific sites by Telephone Operators. |
9. Your General Rights and Obligations
| Notices | You must confirm any notices you give by e-mail (if you have this). |
| Co-operation | You agree to provide us with any information we reasonably require and to co-operate with, and to use the Services and Goods in accordance with any fair use policies and any other policies and procedures of ours or any Telecoms Operators. |
| Access to your Home | You agree to provide us and our Telecoms Operators access to your Home, to survey it, and to install, inspect, maintain, repair, replace, and remove, any cables and other equipment installed at your Home in connection with the Services. You must obtain any consents and provide an electricity supply and safe environment. |
| Security | You must protect all usernames, passwords, and other access codes we provide you for the Services, and you are responsible for misuse of the same. Let us know immediately if you have reason to suspect unauthorised access to the Services. |
| Misuse | You are answerable for all use and misuse of the Services by you or anyone else you allow to use the Services. You shall not, and you shall ensure that anyone else that you allow to use the Services shall not, use the Services to make, send, receive, download, upload, share, or host any calls, e-mails, messages, communications, data, files, documents or other materials: (a) for or in connection with, any criminal or unlawful activity or in breach of any law; or (b) which may cause any liability to us or the Telecoms Operator; or (c) which are spam, unsolicited marketing, offensive, indecent, menacing, nuisance, harassing, fraudulent, defamatory, illegal or hoaxes; or (d) to send spam or other unsolicited marketing; or (e) which infringe any copyright, confidentiality or any other rights of a third party. You may not resell the Services. You agree that we may do whatever is required to comply with the laws introduced by the Digital Economy Act 2010, and that we may charge you any costs and expenses incurred by us where due to misuse of the service above. YOU AGREE TO INDEMNIFY US AND OUR TELECOMS OPERATORS FOR ANY LOSS, DAMAGE OR LIABILITY WE OR THEY MAY SUFFER AS A RESULT OF ANY SUCH MISUSE OF THE SERVICES BY YOU OR ANYONE YOU ALLOW TO USE THE SERVICES. |
| Our Equipment | Any cabling or other equipment installed by us or a Telecoms Operator at your Home in connection with the Services remains our property or that of the Telecoms Operator, and may be removed at the end of the Contract. You must take care of this equipment and you are liable for all loss and damage to it unless caused by us. |
| Your equipment | If we are not the provider of the telephone line to your Home, then you are responsible for procuring it separately. You will be also responsible for providing your own computers, telephones, modems, micro-filters and other equipment necessary to access and use the Services, according to our minimum specifications (computers to have a network card and run at least Windows XP), and for configuring it to use the Services. You must ensure that your router is password secured and that your equipment complies with all relevant laws and standards. |
| IPR | All copyrights, trade marks, and other intellectual property rights in the Services and Goods remain our property and that of any Telecoms Operators or third parties. |
| Transfer | You may not transfer or assign the Contract to anyone else. |
10. Our General Rights and Obligations
| Suspend | We may suspend the Services if we suspect you are breaching the Contract or misusing the Services, or if any payment of Charges is refused or is not made on time, or if our Telecoms Operator suspends the Services. We will reinstate the Service when the matter is resolved to our reasonable satisfaction. You must continue to pay the Charges, and you may be required to pay a re-connection Charge if the suspension is due to your default, act or omission. |
| Terminate without cause | We can terminate the Contract without cause by 30 days prior notice to you at any time (including before the end of the Minimum Term). We can terminate the Contract immediately where we are instructed to do so by a competent authority, or where our Telecoms Operator ceases the Services. In such case, if you have paid any Charges for any period after the date of termination, we will refund these to you. |
| Your Breach or Bankruptcy | We can terminate the Contract immediately if you (a) fail to pay any Charge when due, or (b) the Service is misused as set out in Condition 9 above, or (c) you breach any term of the Contact, and you don't put that breach right within seven (7) days of notice, or (d) you become bankrupt or enter into an arrangement with your creditors. |
| Sub-Contracting | We may sub-contract the Services and our obligations under the Contract, and appoint an agent for any purposes in connection with the Contract. |
| Transfer | We may transfer or assign the Contract and any debts you owe to a third party. |
| Variation | We may vary the Contract and Charges at any time by notice to you. If the variation is to your material detriment you may terminate the Contract by 30 days notice, but you must serve your notice no later than 7 days after we inform you of the variation. |
11. Our Liability To You
| Statutory Rights | Nothing in this Contract will limit or exclude your statutory rights, to the extent that this is prohibited by law. |
| Non-Excluded Loss | We do not limit or exclude any liability to you for death or personal injury, or damage to your property, due to our negligence, and or for fraud. |
| Limitation to the Charges | OUR LIABILITY TO YOU IN RELATION TO THE SERVICES FOR EACH MONTH OF THE CONTRACT IS LIMITED TO THE AMOUNT OF THE CHARGES PAYABLE BY YOU FOR THAT MONTH, INCLUDING IF WE BREACH THE CONTRACT, ARE NEGLIGENT, OR BREACH ANY STATUTORY DUTY. |
| Business Losses | We shall not be liable to you for any losses related to any business or occupation, such as loss of profits, revenue, contract, business or goodwill, including if we breach the Contract, or are negligent, or breach any statutory duty. |
| Force Majeure | If we, or our Telecoms Operator, cannot provide the Services, or the Services are interrupted, degraded or affected, because of anything beyond our reasonable control or that of our Telecoms Operator, including for technical reasons, then this will not be a breach of the Contract and we will not be liable to you, but we will use reasonable endeavours, working with our Telecoms Operator, to resume the Services in full as soon as reasonably practicable. |
12. Data Protection
| Our Promise | We will hold and process all data about you in accordance with the Data Protection Act 1998 and any other applicable data protection legislation. |
| Your consent | You consent to our holding and processing data about you in connection with the Contract, including data relating to your contact details, your payment details and history, and your usage of the Services. |
| Use of your data | We may use your data to provide the Services, administer and enforce the Contract, collect payments, and carry out credit checks. We may also use your data for marketing to you, but you have the right to withdraw from this at any time. |
| Sources | We may obtain data about you from yourself, from any Telecoms Operator, and from any other third party where required. |
| Disclosure | We may disclose your data to our Telecoms Operators, or to anyone we have appointed to administer or enforce the Contract, or for credit checking purposes. |
| Rights of access | You have a legal right under the Data Protection Act 1998 to a copy of information held by us about you on payment of the maximum fee prescribed by law. |
13. The General
| Third Parties | The Contract cannot be enforced by a third party, except for a Telecoms Operator. |
| Statutes | References to any statutes include any amendments or replacements for the same. |
| Law | The Contract is governed by the laws of England and Wales. |
FANTASTIC-TELECOM/FANTASTIC BROADBAND is a trading name of MDS Telecom Group Limited, registered in England and Wales under number 4190159 whose registeres address is 52 The Ropewalk, Nottingham, NG1 5DW. |
