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This sets out terms on which Ixus Telecomsmunications Limited trading as "Ixus Telecoms" (Registered in England & Wales, Company Number 5223517) (" Ixus Telecoms", “we”, “our”) will provide global telecommunications services (the "Services") to you, the customer with whom we make this contract ("you"). By using Ixus Telecoms you agree to the following terms and conditions: 1. Introduction The terms and conditions outlined in this document refer to the Ixus Telecoms Broadband Phone Service. A detailed copy of our corporate price list can be found on our web site at http://www.ixustelecom.co.uk 2. Our Service 2.1 Definition: The facility to make or receive phone calls using a suitably enabled broadband line in the UK . 2.2 The service includes a phone number and is intended for both home and business use. 2.3 The service will not work in the event of a power failure or with a faulty broadband connection. 3. Service Location 3.1 We will implement our service at the address provided, however should you change address and we are able to provide the service there, your agreement with us will continue. 4. Service Requirements In order for us to provide the service you will need the following: - An enabled broadband line in the UK , which may be supplied by us or another provider - A broadband voice telephone adapter or a broadband phone, which may be supplied by us or another supplier - Any other equipment specified, which is necessary to connect with the relevant broadband voice telephone adaptor 5. Agreement Commencement Your agreement commences when you order your Ixus Telecoms VoIP Phone Service. 6. Getting started You will need to install the equipment referred to above and agree to follow any reasonable instructions including security instructions that may be given. 7. Quality of Service We aim to provide a continuous service, however the service may be impaired by data downloads or circumstances beyond our control. In the unlikely event of a quality issue please contact us and we will dedicate qualified professionals to attend to the matter. 8. Payment 8.1 The monthly fixed fee and the set-up charge must be paid in advance via credit or debit card. The same card will be used to take any call charges from. 8.2 The set-up charge and first month's service charge will be taken by credit card immediately or within 2 days of sign-up. 8.4 The monthly service fee and any chargeable calls will be debited on or around the 5th of each month. 9. Terminating the Agreement This agreement is valid for a minimum of 3 months, however either party may terminate this agreement by providing 30 day's notice in writing. Should the agreement be terminated within the first three months you are required to pay the fixed fees for the remainder of the period, and all call costs via direct debit or credit card. 10. Using the Service 10.1 Our service must not be: Used to make offensive, indecent, menacing, nuisance or hoax calls Used fraudulently or in connection with a criminal offence Should our service be used in this manner, service may be suspended or the agreement terminated without notice. 10.2 The number may not be: Advertised in telephone boxes Should this happen, service may be suspended or the agreement terminated with prior notice. 10.3 If we make software available to you it must not be: Transferred to anyone else Copied or modified in anyway unless otherwise stated by law 10.4 Access to our service must be via our software, unless otherwise stated by Ixus Telecoms. 10.5 Permission must be sought to connect equipment to the network over which the service is provided. 10.6 Additional equipment that may harm the network or customer's equipment must not be connected to the network over which the service is provided. Should this happen, you will be asked to disconnect immediately at your own expense. 11. Security 11.1 All user ID's and passwords must be kept confidential, used properly and not disclosed to unauthorised people. 11.2 Any changes of registration details must be communicated. 11.3 Please note that any broadband phone or adaptor thefts likely to be used in an unauthorised manner must be communicated in writing to ensure that you do not incur charges. 12. Changing the Agreement 12.1 Any changes to these terms and conditions will be published on our web site http://www.ixustelecom.co.uk prior to implementation. 12.2 Any amendments to prices or charges will be communicated up to one month prior to implementation, with the exception of legal and regulatory requirements, which will be communicated as soon as possible. 12.3 Should any changes cause significant disadvantage resulting in a termination of contract prior to the minimal period stated, you will not be instructed to pay the fixed fees for the remainder of the period. 12.4 Should we have to change the code, your phone number, or interrupt the service, we will restore the service as quickly as we can. 12.5 We monitor and record calls relating to customer services and telemarketing. We do this for training purposes and to improve the quality of our customer service. 13. Our responsibility to you 13.1 We accept responsibility for loss or damage to your physical property arising from our negligence. We will pay up to £100,000 in any 12-month period for this loss or damage. 13.2 Unfortunately, we cannot guarantee the service will never be faulty. We have no obligation to compensate you for financial loss, for data being lost or corrupted, or for any loss that could not have been reasonably foreseen (expected). Also, we are unable to guarantee the quality of the calls you make or receive from your broadband phone or adapter. 14. Matters beyond our reasonable control 14.1 We do not accept responsibility for lack of service due to matters out of our reasonable control, such as bad weather conditions. 15. Agreement Breach 15.1 Other than for serious misuse described above we will normally give you an opportunity to put matters right within 5 working days should you breach the terms of this agreement. However, if you do not do so, we may suspend the service or end the agreement. If you breach any another agreement with us and do not resolve the breach within the time period, we may suspend service or end the agreement. 15.2 If we suspend the service, we will tell you what needs to be done before we reinstate our service. 15.3 If you have not paid your bill or have cancelled your credit / debit card without notifying us first, we have the right to suspend the service or end the agreement 28 days after the payment was due. 15.3 If you have not paid a recent bill for call charges sent to you as detailed above, we may take action 14 days or 7 days (if you pay monthly) after the payment was due. 16. Resolving Disputes We will try to work through any disputes that you may have with us, however if we cannot do so you are entitled to refer the matter to any relevant dispute resolution service. Further details can be found in our Code of Practice. 17. Additional Information 17.1 We may take instructions from a person who we think, with good reason, is acting with your permission. 17.2 If this agreement ends we will reimburse any funds owing, having deducted any charges due. 17.3 We will contact you via your billing address or email address. Our contact details are as follows: Ixus Telecomsmunications Limited, 26 Crichton
Avenue , Wallington, Surrey SM6 8HL
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