Business Landline T&Cs

Please read these terms and conditions carefully.

If you are unsure of your rights or responsibilities under them or you would like an explanation of any of them, please contact our Customer Services team today Free on 0800 505 3210†.

†Lines open 0900 – 1700, Mon – Fri

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Terms of Business for Connect CPS/Line Services (‘Calls & Lines’)

This agreement is made between 4tel Communications Limited (‘4tel’) and the Customer whose details are set out on the Order and is subject to these terms and conditions.

1. Interpretation
1.1 In this Agreement unless the context otherwise requires:
Agreement means this contract including any attached schedules and any variation made to it in accordance with Clause 19;
Commitment Date means any date specified overleaf or on any attached sheets for any particular Service before which the Customer may not cancel the supply of that Service;
4tel means 4tel Communications Limited together with any subcontractors which 4tel Communications Limited may employ;
Service(s) means the telecommunications services detailed in Clause 23 or any subset thereof.
Words in the singular include the plural and vice versa.

2. Provision of Services
2.1 All Orders accepted at our discretion. 4tel reserves the right to refuse an application for Service at any time.
2.2 Subject to acceptance 4tel shall provide the Services on the terms and conditions of this Agreement.
2.3 4tel shall exercise reasonable care and skill of a competent telecommunication service provider in the performance of its obligations under this Agreement.
2.4 For operational reasons 4tel may vary the functions of the Services time and will use all reasonable efforts to notify the Customer of any necessary change in the Services.
2.5 It is technically impracticable to provide the Services free of faults and 4tel does not undertake to do so. 4tel will however use reasonable endeavours to remedy any failure of the Services as soon as reasonably practicable.

3. Ordering
3.1 The Customer may order new Services or expansion of existing Services from time to time. Any such order will only be deemed to have been accepted by 4tel and be incorporated into this Agreement when 4tel notifies the customer in writing of such order being accepted.

4. Suspension
4.1 4tel may at any time:
(a) temporarily suspend the Services due to a material breach or persistent breaches of this Agreement (including a failure to pay any sums due in accordance with Clause 10). In addition if you go over your credit limit, we may demand that you pay your outstanding balance immediately, or we may suspend the service. If we suspend your service, you’ll still be responsible for all charges you run up, including those over your credit limit.
(b) temporarily suspend the Services for repair, maintenance or improvement of any of its systems wherever located;
(c) give instructions about the use of the Services which it considers reasonably necessary in the interests of safety, or of the quality of Services to its other customers; BUT before doing any of these things 4tel will give as much written or oral notice as is reasonably practicable in the circumstances and will restore the Services as soon as reasonably practicable after such temporary suspension.

5. Equipment
5.1 In the event that 4tel wish to install equipment to facilitate provision of the Services the Customer shall, at its own expense, in advance of installation:
(a) obtain all necessary consents including landlord and other buildings consents;
(b) provide a suitable environment including all necessary trunking, conduits and cable ducts;
(c) provide any necessary electricity supply;
(d) carry out all necessary preparatory work including the removal of all floor coverings and make good any such work.
5.2 Any equipment sited at the Customers premises for the provision of the Services shall remain the property of 4tel at all times. The Customer shall be liable for any damage to such equipment howsoever incurred other than normal wear and tear.

6. Access
6.1 The Customer must allow anyone accredited by 4tel, on production of official evidence of identity and authority, reasonable access to its premises at reasonable times for the purposes of this Agreement and, where necessary, the Customer must obtain the permission of any other person if such permission is required. 4tel will try to comply with the Customers reasonable requirements as to the safety of people on the Customers premises.

7. Forecasting
7.1 4tel may require the Customer to provide forecasts of traffic and/or the use of the Services in any format it may reasonably require and not more than once each month. The Customer will make such forecasts available to 4tel within 14 days of 4tel’s request.

8. Obligations of 4tel
8.1 4tel will use reasonable endeavours to supply the Services to the Customer by any date agreed in writing.
8.2 In the event of a fault arising with the Services then 4tel will follow the procedures set out in Clause 24 in relation to fault handling

9. Charges
9.1 The Customer shall be billed monthly in advance for any recurring charges for the Services whereas charges for calls will be billed monthly in arrears. Any one-off charges or connection charges shall be billed on the appropriate Service first being made available to the Customer.
9.2 In the absence of any obvious error, the records of calls collected by 4tel will be deemed to be conclusive.
9.3 The Customer is responsible for all charges for the Services supplied to it under this Agreement, whether used by employees of the Customer or any other person with or without the Customers permission.
9.4 Unless otherwise stated on the Order charges will be calculated by reference to the rates for those Services shown in the 4tel Connect Standard Price List. 4tel reserves the right to update its standard price list for the Services from time to time, a copy of which will be supplied to the Customer on request.

10. Payment
10.1 The Customer must pay the charges (without deductions) for the Services within 14 days of the date of any bill issued by 4tel.
10.2 Unless otherwise stated all rates and prices are exclusive of value added tax which, where applicable, will be added to the Customers bill at the prevailing rate.
10.3 4tel reserves the right to charge the Customer interest at the rate of 2% over the base rate of Barclays Bank PLC from time to time for bills which are not paid by the due date as stated in clause 10.1.
10.4 4tel may from time to time limit the amount of credit which it advances the Customer and 4tel may require the Customer to pay a deposit, make payments on account or provide some other form of guarantee (all of which to be determined by 4tel at its absolute discretion) as security for future charges.

11. Misuse of the Services
11.1 The Customer must not use or permit anyone else to use the Services:
(a) to send a message or communication which is offensive, abusive, indecent, defamatory, obscene or menacing;
(b) for any fraudulent, illegal or immoral purposes;
(c) other than in accordance with instructions issued by 4tel under paragraph 4(b);
(d) to cause annoyance, inconvenience or needless anxiety. If 4tel suspends the Services for contravention of this Clause 11 it can refuse to restore it until it receives an acceptable assurance from the Customer that there will be no further contravention.

12. Indemnity
12.1 The Customer indemnifies 4tel against any claims or legal proceedings (including damages, costs and expenses) arising solely from the Customers use of the Services which are brought or threatened against 4tel by any third party.

13. Security
13.1 In order to access the Services, 4tel may provide the Customer with a set of passwords. The Customer is responsible for the security and proper use of all passwords relating to the Services and must keep them confidential and must not disclose them to any third party.
13.2 The Customer must inform 4tel immediately if it suspects that any password in relation to the Services has become known to someone who is not authorized to use it.
13.3 If 4tel suspects that there is likely to be a breach of security or a misuse of the Services it may change the Customers password and notify the Customer accordingly.

14. Intellectual Property Rights
14.1 Where software is supplied to enable the Customer to use the Services 4tel grants the Customer a non-exclusive, non-transferable licence to use the software for that purpose only .
14.2 The Customer shall not copy, modify, reverse engineer, decompile or otherwise endeavour to obtain the source code of the software except to the extent permitted by law.
14.3 All intellectual property rights in the software shall remain the property of 4tel or its licensors.
14.4 The Customer shall sign any agreement required by the owner of the intellectual property rights in the software to protect such rights.

15. Confidentiality
15.1 The parties will keep in confidence any information of a confidential nature obtained under this Agreement (whether written or oral), including but not limited to the prices payable by the Customer for the Services, and will not disclose such confidential information to any person (other than their employees who need to know the information for the purpose of this Agreement and who are under a duty of confidentiality equivalent to this Clause 15) without the prior written consent of the other party.
15.2 This Clause 15 will not apply to:
(a) any information which has been published other than through a breach of this Agreement;
(b) information lawfully in the possession of the recipient before the disclosure under this Agreement took place;
(c) information obtained through a third party who is free to disclose it; and
(d) information which a party is required by law to disclose.

16. Limitation of Liability
16.1 4tel does not exclude or limit its liability for personal injury or death caused by its negligence and paragraphs 16.2, 16.3 and 16.4 do not apply to such liability .
16.2 4tel will only be liable to the Customer for claims made by it in writing within six months of the date on which it becomes aware or ought reasonably to have become aware of the grounds of such a claim.
16.3 Subject to Clause 16.2 above, 4tel’s aggregate liability to the Customer in connection with this Agreement whether in contract, tort (including negligence) or otherwise shall be limited to £10,000 in respect of any single occurrence or series of occurrences whether successive or concurrent in any 12 month period.
16.4 Subject to Clause 16.2 above, 4tel shall not be liable to the Customer in connection with this Agreement whether in contract, tort (including negligence) or otherwise for direct or indirect loss of profit, business, anticipated savings or wasted expenditure or for any indirect or consequential loss, corruption or destruction of data whether or not 4tel was advised or aware of the possibility of such damages, losses or expenses.
16.5 Each provision of this Clause 16 operates separately and if any part is held by a court to be unreasonable or inapplicable the other parts shall remain in force.

17. Matters Beyond Either Parties Reasonable Control
17.1 Neither party is liable for any breach of this Agreement (other than the obligation to make payments due under it) to the extent that the breach was caused by a matter beyond its reasonable control including insurrection or civil disorder, war or military operation, national or local emergency, acts or omissions of government, highway authority or other competent authority, 4tel’s compliance with any statutory obligation or any obligation under a statute, industrial disputes of any kind (whether or not involving 4tel employees), fire, lightning, explosion, flood, subsidence, weather of exceptional severity, or acts or omissions of persons for whom it is not responsible (including in particular other telecommunications services providers).

18. Termination
18.1 Either party may terminate this Agreement with immediate effect on written notice to the other if the other:
(a) commits a material breach or persistent breaches of this Agreement (including a failure to pay any sums due under this Agreement) and, where such breach is capable of being remedied, has failed to do so within 14 days of written notice to do so;
(b) is subject to bankruptcy or insolvency proceedings or , in Scotland, sequestration proceedings, becomes insolvent, makes any composition or arrangement with or assignment for the benefit of its creditors, or goes into either voluntary (otherwise than for reconstruction or amalgamation) or compulsory liquidation, or a receiver or administrator is appointed over its assets.
18.2 4tel may (without losing or reducing any other right or remedy) suspend the Services (in whole or in part) temporarily without notice if:
(a) within 14 days of a written demand being sent, the Customer fails to pay any charges due to 4tel under this Agreement or any other agreement you have entered into with 4tel; or
(b) the Services are used in breach of Clause 11.
18.3 4tel may terminate this Agreement with immediate effect on written notice in order to comply with a decision or action of a competent regulatory authority.
18.4 This Agreement shall have an initial Term of 12 months with the exception of Customers transferring service from their current supplier (e.g. BT, TalkTalk) choosing the ‘30 Day’ contract option.
Any New Lines provided by 4tel shall carry an initial Term of 12 months.
The Customer may terminate this Agreement by giving 30 days written notice to 4tel, such notice to expire on or after the initial Term. If a Customer wishes to end this Agreement before the end of the initial Term, 4tel shall be entitled to charge the Customer fees which would have been payable by the Customer for the balance of the initial Term. 4tel shall also be entitled to charge an early termination fee. For details of the current early termination fee please contact the 4tel Sales department.

4tel may terminate this Agreement with immediate effect on giving no less than 90 days written notice to the Customer.
18.5 Any particular Service or part thereof which carries recurring charges or has minimum call volumes associated with it must be purchased by the Customer at least until the Commitment Date for that particular Service or part thereof.
18.6 On termination all charges incurred up to the date of termination shall become immediately due and payable.
18.7 On termination of this Agreement (for whatever reason) Clauses 1, 9.3, 12, 15, 16, 17, 18 and 20 shall remain in force.
18.8 The waiver or failure by 4tel to exercise in any respect any right or remedy provided under this Agreement shall not be deemed to be a waiver of any further right or remedy under this Agreement.

19. Changes to this Agreement
19.1 This Agreement, other than the charges payable under it, may only be modified by a document in writing which refers explicitly to this Clause 19 and is signed by both the Customer and 4tel.

20. Entire Agreement
20.1 This Agreement comprising these terms and conditions, the information set out overleaf and any attached sheets sets out the entire agreement and understanding between the parties and supersedes all prior agreements, understandings or arrangements in respect of the subject matter of this Agreement. The parties acknowledge and agree that:
(a) they have not been induced to enter into this Agreement by any representations, warranty or other assurance not expressly incorporated in it;
(b) their sole remedies in connection with this Agreement are those for breach of contract and all other remedies are excluded; and
(c) this Clause 20 does not apply in relation to fraudulent representations.

21. Notices
21.1 A notice given under this Agreement must be in writing and may be delivered by hand or sent by facsimile or post to the addressee at the following addresses:
(a) To 4tel Communications Limited, 1st Floor, Carrick Business Centre, Commercial Road, PENRYN. TR10 8AR
(b) To the Customer at the address of your registered office or such other address as you advise to us in writing from time to time.

22. Assignment
22.1 The Customer must not assign or otherwise transfer any of its rights or obligations under this Agreement.

23. The Services
23.1 Indirect Access
An outbound telephony service whereby the Customer adds a specified prefix in the form 1345 to each call and such call is routed by BT to the 4tel network. 4tel will route such call to the destination specified.
23.2 Carrier Pre-Select (Connect CPS)
An outbound telephony service whereby the BT local exchange adds a specified prefix to each call and such call is routed by BT to the 4tel network. 4tel will route such call to the destination specified.
23.3 Line Rental (Connect ‘Calls & Lines’)
23.3.1 4tel will provide the customer with the ability to make or receive calls (or both) over BT Analogue exchange lines terminating on Network Telephony Terminating Point (NTTP) or Network Telephony Equipment (NTE).
23.3.2 ‘Calls & Lines’ will only be made available where the customer uses the Connect CPS service for the telephone number associated with the exchange line.
23.3.3 Calls carried via Connect CPS will be billed at the agreed tariff.
23.3.4 Calls that are carried entirely over the BT system will be charged at no more than the standard BT retail rates.
23.3.5 The customer has no right to sell or agree to transfer the telephone number provided.

24. Fault Handling
24.1 In the event of a fault affecting service 4tel will respond within 24 hours of the Customer reporting such fault to the Faults Department on 08000 388 988.
If the fault is not cleared within the response time, a full progress report will be given by telephone.