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Terms & Conditions

‘The Act’ means the Telecommunications Act 1984 as may be amended from time to time.OpenTelecom acts as an Agent/Reseller for associated companies including those holding telecommunications licences. OpenTelecom is the trading name for OPEN TELECOM INTERNATIONAL LTD, Company No. 5213517, VAT Reg. GB-861943600, Registered Office: 6 Eddystone Road, 2 Eddystone House, Wadebridge, Cornwall, United Kingdom. In this Agreement “Service” means such telecommunications service OpenTelecom may agree to provide to the person(s), firm or company requesting the Service by telephone or named as such in the application form requesting the Service (“the Customer”) enabling calls to be made by means of the network and such additions or variations thereto as OpenTelecom may stipulate. Any calls made using the Service will be paid for by the Customer in arrears, any subscription fees will be charged monthly in advance, all charges or fees will be debited from your nominated credit card or bank account.
1. The Services
1.1 OpenTelecom undertakes to exercise reasonable care in the provision, operation and maintenance of the Services.
1.2 Service requests and inquiries can be directed to telephone: +44 (0)844-888-2892, Facsimile: +44 (0)844-888-5454, or email
2 Duration
2.1 This Agreement shall come into force on and with effect from the date on which the Services are made available. The supply of the Services is deemed to have commenced on that date.
2.2 Subject to clause 8 hereafter, the term of this Agreement is twelve months from the date the Service commences and the Agreement will automatically renew for a further period of twelve months should the Customer not terminate the Agreement by 30 days written notice in advance of the anniversary of this Agreement.
3 Use of the Services
3.1 The Customer shall be responsible for the safe custody and safe use of the Services and any related equipment after installation of the Service and in particular the Customer undertakes:
a) Not to cause any attachments other than those approved for connections under the Act to be connected to the Services.
b) Not to contravene the Act or any other relevant regulations or licences.
c) Not to tamper with the equipment or add any unauthorised additions thereto.
3.2 Should the Customer contravene this condition OpenTelecom will not be liable for any costs associated with rectification.
3.3 Customer apparatus shall at all times conform to the relevant standard or standards (if any) for the time being designated under the Act and OpenTelecom shall not be under any obligation to connect or keep connected any customer apparatus if it does not conform or if in the reasonable opinion of OpenTelecom it is liable to cause death, personal injury, damage or to impair the quality of any Services provided by OpenTelecom.
3.4 The Customer undertakes to use the Services in accordance with the Act, and any license granted hereunder and not to use the Services for any purpose, which is improper, unlawful or offensive, or in a manner, which constitutes a breach of any legislative regulation. Without limitation, the Customer undertakes to use its reasonable endeavours not to use the Services:
a) As a means of communication for a purpose other than that for which the Services are provided and
b) For the transmission of any material which is defamatory, offensive or of an abusive or obscene or menacing character.
3.5 The Customer shall not assign or delegate or otherwise deal with all or any of the rights and obligations under the Agreement without OpenTelecom’s prior written consent, such consent not to be unreasonably withheld.
3.6 Where OpenTelecom provides any equipment as part of the Services that equipment shall at all times remain the property of OpenTelecom and the Customer shall not deal with or part with possession of all or any part of the equipment, nor shall the Customer attempt to carry out any repairs or alterations to the equipment. The Customer shall obtain at its own expense all licences required to operate the equipment.
4 Access to premises and provision of information
4.1 To enable OpenTelecom to exercise its obligations under this Agreement.
a) The Customer shall permit or procure permission for OpenTelecom or its agents to have reasonable access to the premises and the service connection points and shall provide such reasonable assistance as OpenTelecom shall request.
b) OpenTelecom will normally carry out work, by appointment and during normal working hours, but may request the Customer to provide access at other times.
c) At the Customer’s request, OpenTelecom may agree to work outside normal working hours and the Customer shall pay OpenTelecom’s charges for complying with such requests.
4.2 If the Customer requests maintenance or repair work which is found to be unnecessary, the Customer shall be required to reimburse OpenTelecom for the work and the costs incurred. OpenTelecom will if appropriate give notice that work is considered unnecessary prior to completion and raising charges.
4.3 OpenTelecom will not be liable for any damage to the Customer’s premises caused by its contractors, servants or agents.
4.4 If on commencement of any maintenance or repair work, OpenTelecom encounters factors which in its opinion require the provision of additional parts or equipment, the Customer will be charged for any additional costs incurred by OpenTelecom.
5 Suspension of service
5.1 OpenTelecom may at its sole discretion and without notice, elect to suspend forthwith provision of the Services until further notice without compensation on notifying the Customer in writing (service of such notice by facsimile and/or email being considered sufficient notice) in the event that:
a) The Customer is in breach of a material term of this Agreement.
b) OpenTelecom is obliged to comply with an order, instruction or request of any government, any emergency services organisation or other competent administrative authority.
c) Breach of clause 7.1 below which is considered to be a material breach.
5.2 The Customer shall reimburse OpenTelecom for all reasonable costs and expenses incurred by the implementation of such suspension and/or the recommencement of the provision of the Services as appropriate.
6 Liability
6.1 Nothing in this Agreement shall exclude or restrict OpenTelecom’s liability for death or personal injury resulting from the negligence of OpenTelecom or of its employees while acting in the course of their employment.
a) Notwithstanding 6.1 OpenTelecom’s maximum liability shall be limited to £1,000 for any one incident and £10,000 for any series of incidents arising from a common cause in any twelve month period.
6.2 In the event that the Service fails to operate and the customer diverts traffic to another carrier, OpenTelecom will not be responsible for that carrier’s charges.
6.3 OpenTelecom shall not be liable in contract, tort or otherwise for any loss of business contracts, anticipated savings or profits or for any other indirect or consequential loss whatsoever.
6.4 OpenTelecom shall not be liable for any loss or damage which may be suffered due to any cause beyond OpenTelecom’s reasonable control including without limitation any act of God, inclement weather, failure or shortage of power supplies, floods, drought, lightning or fire strike, lockout, trade dispute or labour disturbance, any act or omission of Government, highways authorities, other public telecommunication operators or other competent authority production, or supply of services by third parties.
7 Charges and Payment
7.1 The Customer agrees to pay without set off OpenTelecom‘s charges based on OpenTelecom‘s current price list as varied from time to time. Payment will be made within 7 days from date of invoice.
7.2 Any costs incurred by OpenTelecom associated with moving any auto-dialler at the Customer’s request, will be borne by the customer. The Customer will also be responsible for the payment of any costs of modification and costs associated with any previously unforeseen installation difficulties.
7.3 Should price increases become necessary, OpenTelecom will give the customer 48 hours notice in writing.
7.4 OpenTelecom shall prepare and send usage charge details in such form and manner as it may determine. Usage charges payable shall be calculated by reference to data recorded or logged by OpenTelecom and not by reference to any data recorded or logged by the Customer.
7.5 OpenTelecom reserves the right to charge daily interest at the rate of 2% per calendar month on amounts outstanding 7 days after invoice date, until payment in full is received, whether before or after judgement. Interest shall continue to accrue notwithstanding termination of this agreement.
7.6 All sums referred to in this Agreement are exclusive of value added tax and any other taxes of a similar nature which may from time to time be payable.
7.7 Where the Customer is liable for value added tax, the Customer is responsible for the accounting for and payment of such tax.
8 Termination
8.1 Notwithstanding anything to the contrary expressed or implied in this Agreement, OpenTelecom (without prejudice to its other rights) may terminate this Agreement forthwith in the event that:
a) A liquidator (other than for the purpose of amalgamation or reconstruction), trustee in bankruptcy, administrator, receiver or receiver and manager is appointed in respect of the whole or part of the assets and/or undertaking of the Customer or the Customer enters into an agreement or composition with its creditors, or if the Customer becomes unable to pay its debts within the meaning of s123 of the Insolvency Act 1986, or other circumstances arise which entitle a court or creditor to appoint a receiver or administrator or to make a winding up order; or
b) notwithstanding anything to the contrary expressed or implied in this Agreement in the event that any licence under which the Customer has the right to run its telecommunications system and connect it to the OpenTelecom system is revoked, amended or otherwise ceases to be valid; or
c) OpenTelecom ceases to hold a licence enabling it to provide the Services; or
d) the Customer fails to use the Services for 30 days (please note this does not apply to mutli-user group shared services like OpenTAP or other such services etc…)
8.2 Either party may terminate this Agreement if the other is in breach of a material term of this Agreement and upon being given notice of that breach in writing fails to remedy that breach within 30 days or 7 days if the breach is for delay in payment of invoice.
9 General
9.1 This Agreement represents the entire understanding between parties in relation to the subject matter hereof and supersedes all other agreements or representations made by either party, whether oral or written, and this Agreement may only be modified if such modification is in writing and signed by duly authorised representative of each party thereto.
9.2 Failure by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on later occasion.
9.3 For operational reasons, OpenTelecom may vary the technical specification of the services.
9.4 The Customer shall indemnify OpenTelecom against any costs, claims or proceedings arising from the use by the Customer of the Service where such costs, claims or proceedings are brought or threatened against OpenTelecom by any other party.
9.5 Any notice, invoice or other document shall be deemed to have been duly served if left at or sent by post to an address notified to OpenTelecom in writing by the Customer as an address to which notices, invoices or other documents may be sent, or the Customer’s usual or last known place of abode or business, or if the Customer is a limited company, its registered office.
9.6 OpenTelecom‘s address for the service of any notice by the Customer under this Agreement shall be such address as is shown on the last invoice rendered to the Customer or such address as OpenTelecom may prescribe for that purpose.
9.7 Neither party may assign, subcontract, transfer or otherwise dispose of any of its obligations under this Agreement other than to an associated company. For the purposes of this clause associated company means the holding company of either party and any subsidiary thereof (holding company and subsidiary shall be construed in accordance with section 736 of the Companies Act 1985).
9.8 On termination of this Agreement all licences granted to the Customer by OpenTelecom to operate the services or use the equipment shall terminate immediately, and OpenTelecom shall be entitled to recover its equipment by entering the Customer’s premises where the equipment may be stored. OpenTelecom shall not be liable for any loss or damage caused by any defect in software provided to the Customer in order to operate the system. All intellectual property rights shall remain vested in OpenTelecom.
9.9 This Agreement shall be governed by and construed and interpreted in accordance with English law and the parties hereby submit to the jurisdiction of the English courts.
9.10 Your details have been introduced to OpenTelecom. The information you provide will be held on computer by OpenTelecom and may be used to promote other goods and services to you by mail, phone, or e-mail including those of third parties. In addition they may also share all or any of this information with third parties or associated companies who may contact you by mail, phone or e-mail to offer their own products and services direct. If you do not wish to receive information from OpenTelecom or associated companies please write to us: Open Telecom International Ltd, Derry Court, Polmorla Road, Wadebridge, Cornwall, PL27 7NE, United Kingdom.
Terms and conditions for 08xx/070x  non-geographic number termination services additional to the general terms and conditions within the Customer Service Agreement. In this Agreement “Service” means such telecommunications service OpenTelecom may agree to provide to the person(s), firm or company requesting the Service by telephone or named as such in the application form requesting the Service (“the Customer”) enabling calls to be made by means of the network and such additions or variations thereto as OpenTelecom may stipulate. Any calls made using the Service will be paid for by the Customer in arrears, any subscription fees will be charged monthly in advance, all charges or fees will be debited from your nominated credit card or bank account.
1 General
1.1 Any non-geographic numbers allocated to you are for your exclusive use.
1.2 OpenTelecom retains the right to withdraw and re-allocate any number issued to you if the number has had no usage over a three-month period.
1.3 Following contract termination, if no porting request has been made prior to termination by you (see Porting below), we reserve the right to immediately terminate any non-geographic numbers allocated to you and re-allocate them.
1.4 There are certain charges made for certain non-geographic number products, a full list is available on request. We retain the right to change any such charges at 30 days notice.
1.5 We do not guarantee that you or any other party calling a non-geographic number allocated to you will be charged by the caller’s line provider the relevant call rate as relevant for such a call nor that they will convey such calls to us.
2 Routing features
2.1 OpenTelecom may offer certain basic and advanced routing features on non-geographic numbers, which may be changed from time to time, details available on request.
2.2 We retain the right to charge for certain routing features and the right to amend such charges at 30 days notice.
2.3 It is the Customer’s responsibility to check in advance that any advanced routing features set up by OpenTelecom are accurate before installation of the service.
2.4 OpenTelecom will provide service levels for the routing features provided. The service levels may differ for different features and OpenTelecom reserve the right to amend any service level previously agreed at 30 days notice.
2.5 To change the destination number(s) of your 08xx/070x number(s), please use the online redirection form. Please be aware that the redirection service is ONLY provided Monday to Friday during normal office hours. The redirection service is NOT covered by technical support and WILL NOT be processed outside office hours.
2.6 Based on reasonable quantities, OpenTelecom will work to the following targets for completion of such orders.
– Simple Number Translation Service / 2 Working Days
– Intelligent Network Services / 5 Working Days (from receipt of complete order)
– Bespoke IN Solution / Agreed at point of order
– Bespoke Pricing Request / 5 Working Days
Should you require a change of target for a specific date and time we require the following notice.
– Timed Change of Target (With no intelligence) / 1 Working Day (minimum notice)
– Timed Change of Target (With intelligence) / 5 Working Days (minimum notice)
Should you wish to have your bespoke plan intelligent network solution built quicker than the service level stated. We offer a ‘fast-track’ solution; prices are available for this service upon request.
3 Acceptable Usage Policy
3.1 OpenTelecom operate numbers that are “free for life”, however numbers are in short demand, and a significant percentage of people are ordering numbers and then not using them ever, or stopping using them after a while. Part of the problem is caused by the fact that the numbers are free, and as a result people will acquire them without thinking, and also may not value them so highly even though these are some of the most sophisticated telecoms services in the world. There is only a finite quantity of phone numbers, and having unused or number-squatted numbers, causes inconvenience to all phone users, as national numbering schemes have to be reorganised, and phone numbers get longer.
3.2 OpenTelecom would like the free 08xx/070x numbers used for a minimum of 1 call within 7 days of signup, and at least 1 call per calendar month. We would hope that customers would share our view that this is a very small usage, and that it is reasonable for us to regard the average number that does not achieve this level of usage to be unused. (see section 1.2)
a) OpenTelecom reserves the right from time to time to take back or recycle any 08xx/070x number(s) which have not been used for 3 consecutive months or more! We provide our UK numbers and services free of charge, therefore they must generate an income for end-user to retain their service.
3.3 From time to time Open Telecom receives notifications from the Authorities of Fraudulent activity on some numbers. If an active customers number is deemed to be being used for any kind of Fraudulent activity, the given phone number will be disconnected without further notice. The customer may or may not be contacted at our discretion.
4 Porting Telephone Numbers
4.1 OpenTelecom can port to and from a number of licensed operators, details of which can be provided upon request.
4.2 If OpenTelecom port a number allocated to you by us to another operator our contract and obligations to you in respect of those numbers cease upon acceptance of the numbers by the requested licensed operator.
5 Revenue Share
5.1 OpenTelecom supplies a free of charge service on all basic numbers without intelligence, therefore we are unable to support revenue payments as we need to retain all revenue to cover operating costs.

These terms and conditions were last updated 2015-09-24

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