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Terms and Conditions for the Business/Corporate Fixed Line Services

This sets out the terms on T.I.Crystal Ltd (registered in England with number 05474402) trading as Qred (“Qred”) will provide fixed line telecommunications services to you, the customer with whom we make this Contract (“you”). By using the Telephone Service (as defined below) you agree to the following terms and conditions.

1. Definitions and Interpretations

The following definitions apply to the Telephone service to which you subscribe under this Contract (unless the context requires otherwise):

“Access Code” means the indirect access detailed in the User Guide that allows you to access the Calls Service without using a PhonePal or Select;

“Calls Service” means the fixed line business/corporate calls service provided to you from time to time by Qred under these terms and conditions enabling you to make calls over the Fixed Line Network using the Access Code, Select or a PhonePal and use any related services including our directory enquires service;

“Charges” means the costs incurred for the Telephone Service as set out in the Price List

“Code of Practice” means our code of practice governing how we will provide the service and deal with your complaints as may be amended from time to time and accessible via our website or in the absence of such code appearing on our website, it will be accessible upon request by you;

“Contract” means the contract application faxed to us, agreed over the telephone or completed on our website (www.qred.co.uk) by the Customer or on the Customers behalf, these terms and conditions and the Price List;

“Customer” means (i) in the case of a sole trader, the person; or (ii) in the case of a company (limited or otherwise), the company; whose details are inserted on the contract application forming part of this Contract;

“Fixed Line Network” means the telecommunications network(s) over which we provide the Telephone Service;

“Inclusive Call Plan” means any of our Call Service plans that entitle Customers to make free, inclusive or reduced cost calls from your home telephone(s) to any geographic telephone number in the UK as such plans may be amended from time to time;

“Initial Period” means a period 12-months commencing from the Start Date;

“Line Rental Extras’ means any other facilities that we agree to provide to you under this agreement that are additions to the Line Rental Service (such as call divert);

“Line Rental Service” means the service we may agree to provide you to allow you to rent access to the main telephone line and shall include Line Rental Extras where we agree to provide these to you;

“PhonePal” means our automatic dialer which once installed on your main telephone line automatically dials the Access Code for you;

“Price List” means the list(s) of Charges current at the time you use the Telephone Service as published on our website. The price list that is current at the Start Date will be the price list that we send to you with our user guide when you first receive the Telephone Service;

“Select” means our carrier pre-selections access method which allows you to access the Calls Service without dialing the Access Code or using a PhonePal;

“Start Date” means the date the Telephone Services is activated on the Fixed Line Network and is made available to the Customer;

“Telephone Services” means the Line Rental Service and/or the Calls Service that we agree to provide to you;

“Third Party Operator” means the operator of any telecommunications network or system over which we provide the Telephone Service;

“User Guide” means any guide or guides published by us, which gives instructions about and information on the Telephone Service;

“User Guide” means any guide or guides published by us, which give(s) instructions about and information on the Telephone Service;

“we” and “us” means QRed and/or our agent(s)

2. When this Contract Begins

The Contracts begin when we confirm to you in writing our acceptance of your application. Following acceptance of your application, we will send you a User Guide (including a copy of these Terms and Conditions and then the current Price List) and PhonePal (if applicable).

The customer hereby confirms that: (i) in the case of an individual, he or she is at 18 years (ii) the director or person who agreed or completed the contract application forming part of this Contract has the authority to act on behalf of the Customer and bind the Customer to this Contract; (iii) all details of the Customer which were inserted on that contract application by that director or person acting on the Customer’s behalf are accurate and up-to-date; and (iv) by completion of the contract application, the Customer agrees to be bound by this Contract.

Customers’ Right to Cancel the Contract

You may cancel your Contract for the Telephone Service within 7 working days (only like for like transfers, not new installs) of receiving these terms and conditions for the Telephone Service (the “Cooling Off Period”)

If you want to cancel your Contract, you must call our Customer Services Team to confirm cancellation before the Cooling Off Period expires. If you do no call our Customer Services Team to confirm your cancellation, we may not be able to recognize or process your cancellation.

If you have used the Telephone Service during the Cooling off Period, you may still cancel your Contract but you must pay any Charges that you have incurred.

If you are a Line Rental Services customer and elect to use another provider for some or all your calls we may at our sole discretion decide to (i) bar your use of indirect access codes, (ii) charge you a higher fee for your use of the Line Rental Service (iii) disconnect the Line Rental Service.

The Services we Provide

4.1 We shall provide the Telephone Services to you

in accordance with this Contract and as described in the User Guide and any other instructions we give you from the date you are connected to the Telephone Services.

We will notify you when you will be connected to the Telephone Service. If you elect to apply for the Line Rental Service and already receive line rental services from another provider, this other service continue until the transfer to our service is complete unless your other provider agrees that it can be done earlier.

The Telephone Services are made available to you on the condition that you do not: (i) re-supply, resell or otherwise make either of the Telephone Services available to any person on a commercial basis; or (ii) use the Telephone services or allow the Telephone Services to be used for any purposes outlined in clause 5.3 below.

We may select and at any time change any carrier or other service provider for the purposes of providing the Telephone Service, and you authorize us to give all notices, nominations and other authorizations that are necessary for us to provide, the Telephone Service to you.

Whilst we provide the Telephone Services to you, you authorize us to act on your behalf in all dealings with any Third Party Operator in connection with any matter that enables us to provide or continue to provide you with the Telephone Services.

We cannot guarantee that the Telephone Services will be free of faults or interruptions timely or secure to the extent the Telephone Service may be affected by things we cannot control such as lack of network capacity, physical obstructions, or atmospheric conditions

We shall provide the Telephone Services with reasonable skill and care. If you do experience a problem or suspect a fault you should first telephone our Customer Services Team (please see the user Guide for details). Unless you receive the Line Rental Service, we shall not in any circumstances be responsible foe any call-out or other charges you incur to BT or any other third party network operator as a result of any problems or fault with the Calls Service. If you are receiving our Line Rental Service then the provisions of clause 13 will apply.

If you have a complaint regarding the Telephone Services you may contact our Customer Services Team. Further details of our complaints process are set out in the Code of Practice.

It is your responsibility to ensure the compatibility of the Telephone Services with any monitored alarm system you may have and you should check this with your monitored alarm system provider. If there is an interruption to the provision of either of the Telephone Services under this Contract this will affect the operation of your monitored alarm system is you are a Select Customer. We do not accept any liability in connection with your use of a monitored alarm system with Telephone Services, except liability for death or personal injury caused by our negligence.

4.10 Certain services which are provided by Third Party

Operators may not be compatible with the Telephone

Service eg BTSurftime. You should be aware that such

Services may be automatically removed from your line

during set up and may no longer be available to you.

5. Your use of the Telephone Services

You must (i) use the Telephone Services; and (ii)

ensure that anyone who uses the Telephone Services

we provide to you does so; in accordance with this Contract, the User Guide and any other instructions we give to you from time to time which my include giving us access to your premises.

You must at all times keep the password or any PIN

number for your account confidential and secure and you must tell us immediately if the password or PIN number is disclosed to any authorized person. You acknowledge that; (i) we may at our sole discretion, amend, add services to, or disclose any information in connection with, your account upon request from anyone who currently quotes your password; and(ii) our automated billing reminder/information announcements and/or other information will be heard by anyone accessing the Telephone Service.

You shall not, nor allow any other(s) to use, the

Telephone Services:

for any improper, immoral or unlawful purpose;
to send a communication which is, or intended to be, a hoax call or which is spiteful, indecent, defamatory, offensive, abusive, obscene or menacing.
to violate or infringe any rights of, or to cause unwarranted inconvenience or anxiety to any other person;
in such a way that may damage or affect operation or quality of the Telephone Services, the Fixed Line Network or any telecommunications system used to provide the Telephone Service; or

fraudulently or illegally

If you do not or any other person using the Telephone

Services with your permission does not comply with any provision of this clause 5, you will indemnify us for any claims, losses, damages, costs liabilities and expenses (including, without limitation any legal costs and expenses) which we may suffer or incur as a result of any such non- compliance and the Telephone Services may be suspended or disconnected if you continue to breach the provisions of this clause 5. If you discover that someone else has used the Telephone Services supplied to you without your or our permission, you should notify our Customer Services Team and the police at the first possible opportunity. You will be held liable for any losses suffered or incurred as a result of such unauthorized use and you accept the risk.

If you want to connect equipment to the Fixed Line

Network other than using a main phone socket, you must obtain our written permission from a Third Party Operator in order for us to make any decision.

You agree that you will not connect any equipment

to the Fixed Line Network that may harm the Fixed Line Network or the equipment of other users of the Fixed Line Network. If you do no connect such equipment, you must disconnect it immediately or allow us to do so at your expense.

You agree that any telephone number supplied to you

is personal to you but that you do not own that telephone number. You may not sell or agree to transfer any number supplied to you. You also agree that you will not advertise your telephone number in any phone box (or any other like medium) and that if you do so, we may suspend or disconnect the Line Rental Service.

If it is necessary for a Third Party Operator to supply

you with equipment in order to access the Telephone Services then;

such equipment will remain the sole property of that

Third Party Operator;

you agree that you will prepare your premises in accordance with our Third Party Operator’s reasonable instructions.

you agree to obtain all necessary consents, including

for example, consents for any necessary alterations to buildings, permissions to cross other peoples land or permission to put any Third Party Operator equipment on their property; and

you agree to provide a suitable place and conditions

for the Third Party Operator’s equipment including connection points to the Fixed Line Network and electricity;

you will not alter or modify in anyway any Third Party

Operator’s equipment and you agree to indemnify us for any losses or damages which we may suffer or incur as a result of any loss or damage affecting the Third Party Operators equipment unless any such loss or damage is caused by fair wear and tear.

For operational reasons, we or Third Party

Operators may need to change your phone number or the codes used for the Line Extra Services. We will give you as much notice as possible of this.

6. Charges and Payment

We will invoice the Customer for the Fixed Line

Service in accordance with the relevant terms, tariffs, rules and Charges applying at the time the Fixed Line Service is used. A customer will be classified as a business customer for invoicing purposes and charged for the Fixed Line Service in accordance with our corresponding business customer tariff, unless that customer; (i) exhibits and can clearly show to us a sustained and continuous level of monthly spend of no less than £250 per month (inc VAT) with QRed on the Fixed Line Service; and (ii) requests to be charged by us in accordance with our corporate customer tariff; in which case we will (at our sole discretion) reclassify the Customer as a corporate customer for invoicing purposes, charge the Customer for the Fixed Line Service in accordance with our corresponding corporate customer tariff and notify the customer of such reclassification. If at any time a Customers monthly spend with Qred on the Fixed Line Service qualifies that Customer for transferal onto a different customer tariff, we reserve our right to transfer the Customer onto that tariff (regardless of whether the Customer requests to be transferred onto another tariff or not).

We may vary any Charges and/or charge to the

Customer any taxes or duties imposed in relation to the Fixed Line Service at any time by posting the resulting price changes on our website or otherwise giving the customer notice. The Customer can contact our Customer Services Team (please see the User Guide for details) and request details of our prices or any price change at any time. We will give our Customers at least 5 calendar days notice before any price change under this clause 6.2 takes effect.

You may at any time request a change to the

Telephone Services (including without limitation a request to cancel a product or service) which request may only be accepted by us in writing. Any agreed change may be queued to take effect at the end of your current billing cycle. Your next bill will reflect any agreed change and you will be charged for that entire current billing cycle notwithstanding such change.

All charges are subject to any applicable UK tax or duty, including Value Added Tax, at the prevailing rate.

Subject to clause 6.6 below, will invoice the Customer for and the Customer must pay all Charges within 7 days of the date of the invoice. For Customers: (i) who are registered for per minute billing, there is a connection fee in respect of any call made to a UK or mobile number using the Fixed Line Service and use by such customers of the Fixed Line Service will be invoiced in one-minute increments with partial minutes of usage rounded up to the next full minute; and (ii) who are registered for pre-second billing, there is a minimum call charge in respect of any call made using the Fixed Line Service and use by such customers of the Fixed Line Service will be invoiced in one-second increments with partial seconds of usage rounded to the next full second. All charges are rounded to the nearest penny.

The customer accepts that: (i) our records are conclusive evidence of use of the Fixed Line Service by the Customer and the Charges incurred as a result; (ii) any use of the Fixed Line Service by any person is deemed to be authorized by the Customer; and (iii) we will invoice the Customer, and the Customer is responsible for any Charges arising from any such use unless, upon becoming aware of such use the Customer notifies our customer services team at the first possible opportunity that someone is using the Fixed Line Service without the Customer’s permission or there is clear evidence of fraud.

We will send the Customer invoices for the Fixed Line Service on a monthly basis. We may vary invoicing frequency or demand payment at any other time by giving the Customer prior written notice. We will endeavor to bill you for the Telephone Services supplied by Qred to the service number(s) nominated by you within 120 days of such use. The customer acknowledges that invoices for the Fixed Line Service may depend on the receipt of invoicing information from other parties and any delay in issuing an invoice to the customer will not affect the validity of the Charges included in the invoice. If you require a duplicated bill you agree to pay Qred an administration fee of £5.

Unless we have agreed otherwise, payment is due for any use of the Fixed Line Services and the Customer must pay in full any invoice for Charges by the due date specified in the invoice without any set-off or deductions or in the absence of any specified due date on the invoice within 7 days of the date of the invoice.

If the customer does not pay any invoice on time we may: (i) suspend or terminate the Customer’s access to the Fixed Line Service and/or (ii) charge the Customer interest on the overdue amount(s) at the rate of 3% per annum above LloydsTSB base rate. Interest is calculated and accrues daily: and/or (iii) charge of £5 administration fee to cover late payment costs. If the Customer’s service has been suspended or terminated then the customer is liable to pay a reconnection fee of forty five pounds.

Credit Limit / Security Payment

7.1 We may, at our sole discretion and at any time, impose a credit limit on your account and /or require payment of a security deposit or interim payment by you.

7.2 Any credit limit imposed can be amended without prior notice. If you exceed any such credit limit: (i) we may demand immediate payment of the Charges and/or suspend the Telephone Services; and (ii) you will still be responsible for all the Charges incurred including those exceeding the credit limit.

7.3 If at any time we require you to pay a security deposit under clause 7.1 above, we may (i) suspend provision of Telephone Services until we receive payment of the security deposit; and (ii) at any time apply the security deposit (once paid) to meet any cost, loss or liability incurred as a result of any failure by you to comply with these terms or to pay any amount you owe to us.

8. Our Rights to Suspend or Disconnect the Telephone Services

8.1 We can at our discretion suspend or disconnect your access to the Telephone Services:

if we are entitle to under clause 3.4, 5.7, 6.11, 7.2, or 7.3 above;

if we are required to do so by law, the Government, an emergency service organization or by any other competent body or authority;

for repairs, maintenance or improvement; or

if we have good reason to suspect fraudulent activity or misuse of the Call Services or any other breach by you of this Contract.

8.2 We will endeavor to inform you first if we are going to suspend or disconnect your access to the Telephone Services.

9. Changing the Contract

9.1 This clause 9 applies to all changes to this Contract, except changes to Charges which are dealt with in clause 6.2 above.

9.2 Subject to clause 9.1 above, we may vary these terms and conditions at any time by posting the changes on our website and, where reasonably practicable, giving you prior notice. We will only do this if we have a valid reason, for example to reflect changing arrangements with any Third Party Operator or changing legal, regulatory or business requirements. If any variation of these terms and conditions is likely to cause material detriment to you: (i) we will also notify you of the variation in writing or by your chosen method of contract; and (ii) you shall have the right to terminate this Contract with immediate effect by giving us written notice. You agree that, if you decide to use the Telephone Services after any variation(s) to these terms and conditions have been posted on our website or, in the case of a variation which is likely to cause material detriment, have been notified to you, you will be bound by the terms and conditions as varied.

9.3 We reserve the right to remove any product or service if that product or service remains unused for a period of 90 consecutive days.

10. Ending the Contract

10.1 This Contract will remain in force (unless terminated earlier under this Contract) for the Initial Period and thereafter will automatically continue for subsequent periods of the same duration, unless notified in writing otherwise by either party.

10.2 You may terminate the Services at any time by giving 30 days’ prior written notice. If you terminate the Services before the expiry of the Contract period (or any subsequent renewed periods as the case may be), you are liable to pay all Charges for the remaining months of the signed Contract.

10.3 We may terminate this Contract at any time on giving 30 days’ written notice. We may also (at our discretion) terminate or suspend this Contract without notice if:

we are directed by a competent authority to cease the provision of Service; or;
we are unable to provide the Service generally for any other reason ; or
you have failed to comply with any provision of this Contract or other reasonable direction or notice provided by us at any time; or
you are the subject of any bankruptcy or insolvency proceedings.

10.4 Either of us may terminate this Contract immediately, on notice, if the other commits a material breach of this Contract and fails to remedy the breach within 30 days of a written notice to do so.

10.5 If this Contract ends for any reason: (i) we will terminate your access to the Telephone Services; (ii) we will send you a bill for all unbilled Charges for the Line Rental Services and for telephone calls made from the service number(s) nominated by you using the Calls Services prior to such termination and, subject to Clause 6.6 above, you must pay the bill by its due date; and (iii) neither you nor QRed shall lose any rights accrued under this Contract prior to it ending.

10.6 If we suspend or disconnect the Line Rental Service pursuant to clause 8 or this Contract ends pursuant to this clause 10 then you will no longer have access to our Line Rental Service or any home telephone service and you will need to make alternative arrangements with another telephone service provider.

11. Warranty and Limitation of Liability

11.1 We arrant that we will use our reasonable endeavor to provide the Services in all material respects in accordance with our obligations under this Contract;

11.2 Except as stated in section 11.1, we make no warranty or representation with respect to the Services and any equipment provided by us, and, to the greatest extent permitted by law, satisfactory quality, suitability or fitness for a particular purpose.

11.3 QRed maximum liability to the Customer, however arising under this Contract, shall be the limited to the amount paid by you to QRed during the year preceding the breach, in relation to any event or series of related events.

11.4 Nothing in this Contract shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their agents or employees, or fraudulent misrepresentation.

11.5 QRed shall not be liable under any circumstances to the Customer, or any third party, in contract, tort, (which includes negligence and breach of any statutory duty), delict or otherwise for any loss of revenue, business use, goodwill, anticipated savings, profits, opportunity, reputation, wasted expenditure or data being lost or corrupted or any other financial loss whatsoever or any loss or damage arising from the consequences of the viruses received by you via the Service or any equipment or software provided by us, whether direct, indirect, or consequential loss of whatever nature, howsoever arising in relation to the use of the Service or equipment or any failure or error or default by QRed in the provision thereof, or otherwise in connection with this Contract. Save as otherwise set out herein, to the extent allowable at law, QRed will not be liable due to loss of confidentiality caused by the use of the Service.

11.6 QRed shall not be liable under this Contract for the acts, omissions and/or failures of the Customer, other licensed operators, or third parties.

12. Intellectual Property Rights and Indemnity

12.1 Any patents, design rights, know-how, copyrights, trade marks, the right to use software and all other intellectual property or other proprietary rights (whether registered or unregistered) worldwide (“Intellectual Property Rights”) relating to the Telephone Service, PhonePal or the User Guide or otherwise created or arising during the development or the Service(including, without limitation, any software provided by you) belong to us or to a relevant third party and no rights in such Intellectual Property Rights will be transferred to you.

12.2 You indemnify us against any action, liability, claim, loss, damage, proceeding, expense, (including legal costs) suffered or incurred by us, arising from or which is directly or indirectly, related to:

infringement of any third party’s Intellectual property Rights in connection with the use of the Telephone Services, PhonePal or User Guide; and
your misuse of the Telephone Services, whether in breach of this Contract or otherwise; and
your breach or non-observance of any term of this Contract; and
any breach or inaccuracy in any of your representations or warranties.

12.3 You agree that you will not, either directly or indirectly, infringe our Intellectual Property Rights or other rights (or any of our licensors rights) in using the Telephone Services, PhonePal or the User Guide or otherwise in the course of performing your obligations under this Contract.

13. Faults with the Line Rental Service

13.1 If you suffer or suspect a fault with the Line Rental Service then you should contact our Customer Services Team. If you try and contact any Third Party Operator it is likely they will ask you to contact us.

13.2 You agree that you will be responsible for all charges that you incur or we incur on your behalf in repairing any fault with the Line Rental Services unless the fault is the result of any act or omission of us or a Third Party Operator or id due to fair wear and tear.

13.3 If we decide that an engineer should be sent to your premises in connection with a fault and that engineer arrives within an agreed appointment time, you will incur an administration fee if you are not available at the agreed time.

13.4 If an engineer attends a fault and decides that the fault is with equipment owned by you then you will be charged for any work carried out and the engineer may disconnect the equipment.

13.5 Any charges incurred by you in dealing with faults with the Line Rental Service shall be at the rates published in the User Guide or on our website from time to time.

14. Events Beyond our Control

We shall not be responsible for any delay or failure to carry out our responsibilities under this Contract for reasons beyond our reasonable control, including for example acts of God, exceptionally sever weather, industrial disputes, failure or shortage of power supplies, act of terrorism or riot, war, default or failure of a third party (including any network operator or service provider) or their telecommunications systems or government actions.

15. Using Personal Information

Except in relation to clauses 15.5 and 15.6 below, this clause 15 applies to personal information held about individuals, sole traders and partnerships. It does not apply to information we hold about corporate bodies, and other organizations.

15.1 Information you provide or we hold about you (whether or not under our contract(s) with you) may be used by us or our agent to:

(a) Identify when you can contact us;

(b) help identify accounts, services and products which you could have from us from time to time (we may do this using an automatic scoring system, which uses the information provided by you , any information we hold about you and information from other agencies including credit reference agencies);

(d) carry out marketing analysis and customer profiling and create statistical testing information;

(e) help to prevent and detect fraud loss; and

(f) contact you in any way (including mail, e-mail, phone, visit, text or multimedia messages) about products and services offered by us and selected partners. We will only contact you in this way if you have previously shown your consent.

15.2 We may allow other people and organizations to use information we hold about you:

- to provide services you have asked for;

- as part of the process of selling one or more of our businesses;

- to provide information for legal or regulatory purposes; or

-as part of current or future legal proceedings.

From time to time, these other people and organizations maybe outside the European Economic Area in countries that do not have the same standards of protection of personal data as in the UK.

15.3 We may also allow your information to be used by other QRed group companies for them to carry out any of the above purposes.

15.4 We may monitor and record communications with you (including phone conversations and e-mails) for quality assurance and compliance.

15.5 We will hold information on your phone use, including the numbers called, date, time, duration and cost of the calls, together with information about your location. We will use this information to manage the phone service and provide you with any other services you may ask for. Where you have previously shown your consent, we may use this information to provide you with information about other products and services that we believe will be of value or interest to you. We will keep information for as long as is necessary to provide services you have asked for and until charges for the service cannot be lawfully challenged.

15.6 This clause 15.6 applies to personal information held about individuals (including, if the Customer is a corporate body, any key individuals involved in that body,) sole traders and partnerships. We may check your details with one or more licensed credit-reference and fraud-prevention agencies. We and they may keep a record of this search and the payment details form your account, and share it with other organizations. If a person provides faults or inaccurate information and we suspect fraud, this is also recorded. This information may be used by us, and other organizations may search these records to;

(a) help make decisions about credit and credit- related services for you and members of your house hold;

(b) help make decisions on motor, household, credit, life and other insurance proposals and insurance claims for you and members of your household;

(d) check your identity to prevent money laundering, unless you give us other satisfactory proof of your identity; and

(e) carry out statistical analysis about credit, insurance and fraud.

We, and other credit and insurance organizations, may also use technology to detect and prevent fraud.

If you need details of those credit agencies and fraud- prevention agencies from which we get, and which we record, information about you, please write to us at QRed, 5-7 Vaughton Street South, Birmingham, B12 0YN.

15.7 If you give us information on behalf of someone else, you confirm that you have given them the information set out in this clause, and that they have not objected to their personal information being used in the way described in this clause. If you give us sensitive information about your self or others (such as special needs details for bills), you agree (and confirm that the relevant subject of the information has agreed) to us processing this information in the way set out in this clause.

15.8 If you are making a joint application or you have told us about some other financial association with someone else, a ‘financial association’ between you and that other person (or people) will be made at credit-reference agencies. This will link your financial records with that other person (or people) so that both (or all) of your records will be taken into account in all future applications by either or both (or all) of you. This will continue until one of you successfully files a notice with the credit –reference agencies asking for the financial association with that person to be removed.

16. Third Party Rights

A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract, but this not affect any right or remedy of a third party which exists or is available apart from under he Act.

17. Assignment

17.1 You may not assign any of your rights or obligations under this Contract without our prior written consent.

17.2 We may, at any time obtain an alternative provider to provide the Telephone Services to you. You agree to the assignment of our rights and obligations under this Contract to that alternative provider, provided that the level of service that you experience is not significantly reduced as a result, and authorize us to execute on your behalf any documents necessary to give effect to any such assignment.

18. Waiver

If at any time we do not require you to comply with any part of this Contract, this will not prevent us form doing so in the future.

19. Enforcability

If any part of this Contract (including any provision in which we exclude or limit our liability to you) is deemed unenforceable by any Court or other competent body or authority, the enforceability of any other part this Contract will not be effected.

20. Notices and Communications

Any notice under this Contract, whether required to be written or otherwise, may be given by us to you by post, personal service-mail or SMS messaging to any address, e-mail address or phone number you have given us to correspond with you, or by posting it out on our web site. You must give notices to us by post, personal service or e-mail to the relevant address set out in the User Guide.

21. Entire Agreement

This Contract represents the entire agreement between you and us in relation to the Telephone Service and shall supersede all previous agreements.

22. Law

The laws of England and Wales apply to this Contract, unless you live in Scotland in which case the laws of Scotland apply.

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