The Service we promise to provide

1. What the Service is

2. Things we may have to do

3. Phone number

4. The Phone Book and Directory Enquiries

5. Call Monitoring

6. Use of your information

7. When we will provide the Service

8. Repairing faults

What you agree to do

9. Paying our charges for the Service

10. Your other responsibilities

If things go wrong

11. If we break this agreement

12. Matters beyond our reasonable control

13. If you break this agreement

14. Arbitration

Changing and ending the agreement

15. Changing the agreement

16. Transferring the agreement

17. Cancelling the Service before it is provided

18. Ending the agreement after the Service is provided

The other things we need to tell you

19. How to give notice

20. Third Party Rights

21. Explanations of certain words

There are explanations of some of the words used in these conditions in paragraph 21 and in our Price List.

These Terms and Conditions apply to new and existing customers and are effective from the Implementation date shown on the Agreement.

1. What the Service is

The Service we (One Cloud Telecom) supply to you (our Customer) is the ability to make or receive a Call (or both). The Service does not include any phones or other equipment that we may supply to you under a separate agreement. In providing the Service, we promise to use the reasonable skill and care of a competent telecommunications service provider.

We reserve the right to refuse to offer any service, if we feel it is necessary to do so. 

2. Things we may have to do

2.1 We may have to do some things that could affect the Service. These things are listed in paragraph 2.2.

If we have to interrupt the Service we will restore it as quickly as we can.

2.2 Occasionally we may have to:

(a) Change the technical specification of the Service for operational reasons;

(b) Interrupt the Service for operational reasons or because of an emergency;

(c) Give you instructions that we believe are necessary for health or safety or for the quality of the Service that we supply to you or to our other customers.

3. Phone number

3.1 You have no right to sell or to agree to transfer the number provided to you for use with the Service and you must not try to do so.

4. The Phone Book and Directory Enquiries

4.1 We will put your name, address and the phone number for the Service in The Phone Book for your area and make your phone number available from our Directory Enquiries Service, as soon as we can. However, we will not do so if you ask us not to.

4.2 If you want a special entry in The Phone Book you must let us know. Where we agree to a special entry you must pay an extra charge and sign a separate agreement for that entry.

5. Call Monitoring

We may occasionally monitor calls made to or by us relating to customer services and telemarketing and all calls are recorded. We do this for training purposes and to improve the quality of our customer services, including complaint handling.

Call recordings are kept for a period of 2 months and you may request a copy of any call recording, by emailing us at team@onecloudtelecom.co.uk and requesting the copy in writing.

6. Use of your information

6.1 We will use the information we have about you and your use of the Service for marketing purposes. However, we will not do so if you ask us not to.

6.2 For your information we process your billing data and information about your use of the service (this includes information about your bill size, the numbers you call and the times you call) for marketing our own telecommunications products and services. This allows us to better inform you about products, services, pricing packages and special offers which we provide and which we believe may be of particular interest to you. We do not disclose this information to anyone else. We need your consent to continue to give you all the benefits that this processing provides and will assume we have it, unless you tell us otherwise by writing to us at;

team@onecloudtelecom.co.uk

7. When we will provide the Service

We will provide you with the Service by the date we agree with you. Unless a reason covered by paragraph 12 or 13 becomes applicable.

8. Repairing Faults

8.1 We cannot guarantee that the Service will never be faulty.

8.2 We will work on any fault that is reported to us according to the repair service we have agreed to provide to you.

8.3 If you tell us there is a fault in the Service and we find either that there is not or that someone at your premises has caused the fault, we may charge you for any work we have done to try to find the fault or to repair it.

What you agree to do

9. Paying our charges for the Service

9.1 Charges

You must pay the charges for the Service, as set out in our Price List or as quoted by your account manager. This applies whether you use the Service or someone else does. We can change the charges as explained in paragraph 15.2.

9.2 Rental

You must pay us rental from the day we supply the Service. We will ask you to pay the rental in advance. The rental will depend on how we classify your line. The classifications are explained in our Price List. If we supply you with temporary Service, you may have to pay the rental in advance for the whole period that you want the Service.

9.3 Calculating the Call charges

We will calculate the charges for Calls using the details recorded at the telephone exchange.

9.4 Bills

We will send you your first bill shortly after we provide the Service. We will send you further bills monthly, but we may send you a bill at any time. We will include all charges on your next bill where possible, and in any event as soon as we can. We will send bills to the address you ask us to.

9.5 Payments in advance, deposits and Credit Levels

(a) We may ask you for payments before payments are required. This will not be more than the connection charge and rental for the Minimum Period, except in circumstances where we send you a bill because you have exceeded your Credit Level.

(b) We may ask for a deposit at any time, as security for payment of your bills if it is reasonable for us to do so. Our procedures for deposits are published in our office.

9.6 When you must pay

You must pay all charges and rental as soon as you receive your bill and deposits when we ask for them. Our standard payment terms are payment within 14 days by direct debit unless agreed otherwise in writing. If at any time a direct debit is not in place (e.g. due to cancellation) then payment must be made by another means within 14 days. Payments made outside these terms may result in a late payment fee of £10 excluding VAT for every month that is overdue. We retain ownership of the telephone numbers on which the Service is provided until such time all monies due have been paid by the customer.

10. Your other responsibilities

10.1 Misuse of the Service

Nobody must use the Service:

(a) To make offensive, indecent, menacing, nuisance or hoax Calls;

(b) Fraudulently or in connection with a criminal offence; and you must make sure that this does not happen. The action we can take if this happens is explained in paragraph 13.4. If a claim is made against us because the Service is misused in this way, you must reimburse us in respect of any sums we are obliged to pay. We do not warrant that the Products or Services, however configured, are immune from fraudulent or unauthorised intrusion, connection, attack or use (including, without limitation, connection to voice or data networks or connections, or attacks or intrusion of, or by means of virus, worm or other malicious or unauthorised code) and accordingly we will not be liable for any loss, damage, cost or expense directly or

indirectly occasioned thereby.

However, customers taking our Line Protect service are covered for up to £10,000 per fraudulent occurrence.

10.2 Indemnity

If you use the Service for business purposes, you must indemnify us against any claims that anyone (other than you) threatens or makes against us because the Service is faulty or cannot be used by them.

If things go wrong

11. If we break this agreement

11.1 We accept liability for being late in providing the Service or repairing a failure of the Service, or for failing to keep an appointment, unless for a reason covered by paragraph 12.

11.1a. However, our liability is limited as set out in this paragraph.

11.2 We have no liability for any loss that is not reasonably foreseeable, nor any loss of business, revenue, profit or savings you expected to make, wasted expense, financial loss or data being lost or harmed.

11.3 Any liability we have of any sort (including any liability because of our negligence) is limited to £5,000 for any one event or any series of related events, and in any 12-month period to £5,000 in total.

11.4 Each part of this agreement that excludes or limits our liability operates separately. If any part is disallowed or is not effective, the other parts will continue to apply.

12. Matters beyond our reasonable control

If we cannot do what we have promised in this agreement because of something beyond our reasonable control such as lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, national or local emergency, anything done by government or other competent authority or industrial disputes of any kind, (including those involving our employees), we will not be liable for this. However, we will refund a day’s rental to you for any day, or part day, that there is a failure of the Service because of something beyond our reasonable control.

13. If you break this agreement

13.1 We can suspend the Service or end the agreement (or both) at any time without telling you if:

(a) You break this agreement or any other agreement you have with us for telephone services and fail to remedy the breach within a reasonable time of being asked to do so;

(b) We believe that the Service is being used in a way forbidden by paragraph 10.1. This applies even if you do not know that the Calls are being made or the Service is being used in such a way;

(c) Bankruptcy or insolvency proceedings are brought against you, or if you do not make any payment under a judgment of a Court on time or you make an arrangement with your creditors or a receiver or administrator is appointed over any of your assets, or you go into liquidation.

13.2 If the agreed Credit Level is reached before your next monthly bill is sent to you, we will inform you of the amount you have spent and agree any necessary action. If you have a limited payment history for the Service (less than 3 bills received and paid in full) we may also restrict your ability to make outgoing calls pending payment of charges accrued on our billing system.

13.3 If a payment is late, we will not suspend the Service or end the agreement until 14 days after the payment was due. However, if we suspend the Service and you miss another payment during the 12 months after we provide the Service again, we may then suspend the Service or end the agreement (or both) 7 days after the payment was due. In the case of a bill for Call charges only we may suspend the Service or end the agreement (or both) 14 days after payment was due. Cheques not honoured or Direct Debit returns will be given 24 hours to rectify, if not then immediate suspension of all services will ensue.

13.4 If we suspend the Service, we will not provide it again until you do what you have agreed, or satisfy us that you will do so in future or that the Service will not be used in a way that is forbidden by paragraph 10.1.

13.5 If we suspend the Service because you break this agreement, the agreement will still continue. You must pay us rental until we end the agreement by giving notice under paragraph 13.1 or you or we end the agreement by giving notice under paragraph 18.1.

13.6 All invoices are due for payment within 14 days of the invoice date.

13.7 We reserve the right to terminate your service and/or to resell your numbers in the event that your account remains unpaid for over 30 days past the agreed payment terms as laid out in paragraph 9.6.

14. Arbitration

If we cannot resolve any dispute with you, you can refer the dispute to the Chartered Institute of Arbitrators.

Changing and ending the agreement

15. Changing the agreement

15.1 In general

If you ask us to make any change to the Service you must confirm your request in writing.

15.2 Conditions

We can change the conditions of this agreement including our charges at any time. We will notify you with your monthly invoice and/or on www.onecloudtelecom.co.uk at least 2 weeks before it takes place. If you are a residential customer, we will also give you at least 2 weeks notice in accordance with paragraph 19.

16. Transferring the agreement

16.1 The Customer may not assign or transfer this agreement or any of its rights under it without the prior written consent of One Cloud Telecom. One Cloud Telecom may assign any or all rights and obligations under this Agreement by notice in writing to the Customer.

16.2 Any notice, invoice or any other document which may be given by either party under this agreement shall be deemed to have been given if left at or sent by fax or post. All post sent to the customer shall be that of either the signed agreement or the invoice address.

16.3 If any provision of this agreement should be deemed invalid, unlawful or unenforceable in any respect the remaining Provisions shall continue to the fullest extent of the permitted law.

17. Cancelling the Service before it is provided

You may cancel Service any time up to 7 days before agreed date of provision. However, if you have ordered Service for business use you must pay for any work we have performed or monies we have expended.

18. Ending the agreement after the Service is provided

18.1 This agreement, or the supply of the Service, can be ended by:

(a) 14 day’s notice from us to you; or

(b) Upon expiry of the Minimum Term (see below), or any anniversary thereafter you will need to provide 90 days written notice in order to port or cancel any services with One Cloud Telecom. This can be done by emailing the accounts department at; accounts@onecloudtelecom.co.uk

18.2 You must pay all charges for the Service until the date on which we stop providing the Service to you.

18.3 We can end this agreement at any time without telling you if paragraph 13.1 applies.

18.4 Early termination fees apply. In the event the customer wishes to cancel before the end of the minimum term or prior to serving the notice obligation, the termination fees shall equal all arrears plus a lump sum which shall be the total of the charges which would have become due in the period from the date of termination until the end of the Minimum Term and (if relevant) the notice period. (These charges will be calculated by reference to the average invoice value in the 3 months prior to the termination date).

18.5 For all customers enjoying our 30 day rolling contract terms, a cost recovery charge will be applicable if installation, equipment or set up costs have been incurred by us and not passed on to you at any point, for all services terminated within the first 24 months of service.

18.6 Porting away - For any number that is ported away/exported from any of our VoIP Services, to another provider a charge of £55 per number will be applied to the final invoice.  This is separate and in addition to any other early termination fees that may also be applicable.

The other things we need to tell you

19. How to give notice

Any notice given under this agreement must be sent by email or prepaid post as follows:

(a)To us at accounts@onecloudtelecom.co.uk.

(b) To you at the address you have asked us to send bills to.

20. Third Party Rights

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

21. Explanations of certain words

“Call,” means a signal, message or communication that is silent, spoken or visual on each line that we agree to provide to you under this agreement.

“Credit Level” means the sum of money; you agree with us, you expect to spend on Call Charges during the period covered by your bills.

“Your equipment” means equipment that is not part of our network and which you use or intend to use with the Service.

“Failure of the Service” means the continuous total loss of the ability to make or to receive Calls or the continuous total loss of a related service.

“Your line” means a connection to our network.

“Main telephone socket” means the point where your equipment is connected to our network, which is called the Network Termination Point in your license.

“Minimum Term” means 12 months from the date from which service is provided, unless stated otherwise.

“Our network” means the One Cloud Telecom Network.

“Your premises” means the place where the Service is or will be provided.

“Relevant standards” means the standards designated under Section 22 of the Telecommunications Act 1984

“Service” means all or part of the Service explained in paragraph 1 and any related services listed in our Price List that we agree to provide to you under this agreement.

“We” and “us” means One Cloud Telecom Limited

“Working day” means Monday to Friday 9.00 am to 5.00 pm not including Public Holidays.

“You” means the customer we make this agreement with. It includes a person who we reasonably believe is acting with the customer’s authority or knowledge.

22. Special Offers.

22.1. We reserve the right to remove any offer at any time, with no prior notice.

22.2. Any service already provided will be honoured at the offered rate, until the end of the calendar month in which it was withdrawn.

22.3. Any service offered at a "Special" rate is only offered on the condition that all communications services are billed by One Cloud Telecom Ltd. 

22.4 Prices quoted for broadband, at £12.50 and £22 per month are subject to VAT. and do not include line rental.

23. Charitable Donations

23.1. All nominations will be considered but we reserve the right to refuse any nomination. 

23.2. We will only donate to charities and non profit organisations registered in the UK. 

23.3. Donations will not be paid out to individuals.

23.4 We reserve the right to end this offer at any time, without notice.