The small print (Full terms and conditions) for:
Line Rental ("LR")
Call Service ("Call Service")
TV Service ("TV Service")
Broadband Internet Access ("Broadband Service")
TalkTalk Mobile (Prior to 1st April 2007) ("Mobile Service")
If you ordered any Service (as defined below) from us either over the internet, by telephone, by mail order or by any other distance selling method you may cancel the Contract (as defined below) pursuant to the Consumer Protection (Distance Selling) Regulations 2000 (“Regulations”) at any time up to 7 working days either after receiving these terms and conditions for any Service or up to but not including, the date our supply of that Service to you commences if sooner (“Change of Mind Period”) provided that you notify us in writing of such cancellation within the Change of Mind Period. If we have supplied you with any goods without charge (for example a wireless router) or if you have purchased any goods from us (such as a powerline adapter) that you wish to return for a refund, you must first call our Returns Department on 0870 087 3526 to obtain a Returns Authorisation Number (RAN). You must then return the goods to us undamaged and in their original packaging, together with your RAN and proof of purchase, by sending them special delivery to TalkTalk Returns c/o Anovo UK Ltd, 71 Bilton Way, Enfield, EN3 7EP. We will issue you with a cheque refund within thirty (30) days of receiving any goods from you that you have purchased from us. This refund will only apply to the purchase price of the goods; we will not refund the cost of returning them to us unless they are faulty. For further details see clause 4 (Modems) and clause 6 (TV Set Top Boxes) below.
You will be deemed to have received these terms and conditions 48 hours after they are posted to you.
Please note that if you do not return all the goods you have received, we shall be entitled to charge you for the costs we incur in collecting them from you. These terms and conditions do not affect your rights under law. If you require any advice or assistance we would suggest you contact your local branch of the Citizens' Advice Bureau, which should be able to help.
Finally, please note that if you have commenced using any Service after receiving these terms and conditions, you will be deemed to have accepted these terms and conditions and agree that you will also lose your statutory right of cancellation under the Regulations.
Regardless of the above, but subject to Clause 11.9 below, we will not charge you anything if you cancel your LR or Call Service within 10 working days from the date on which you agreed to take those services.We have a customer complaints code which explains the steps you need to take when you want to complain to us about something. You can get a copy from our website (www.talktalk.co.uk) or by calling our customer service team on 0870 444 1820.
These terms and conditions are effective from 27 September 2013.
These Conditions do not affect your rights under law. These Conditions also include certain exclusions as to our liability to you. If you require any assistance we suggest you contact your local branch of the Citizens’ Advice Bureau, which should be able to help.
The Mobile Services referred to in these terms and conditions relate to those customers who have been taking Mobile Services from TalkTalk since before 1 April 2007. If you are a new TalkTalk Mobile customer who has joined us after 19 July 2010 please refer to the separate terms and conditions which relate to that service and which can be found at http://www.talktalk.co.uk/mobiletermsconditions.
1.1 The Services are for home use only and not for business.
1.2 To place any Order you must be at least eighteen (18) years old and we may require you to provide whatever proofs of your identity and address that we consider reasonably necessary. You agree that the details that you provide to us on your Order shall be true, accurate and complete.
1.3 Our Service(s) may not be available to a small number of customers in certain circumstances. We will tell you if this applies to you.
1.4 The Services, for which you enter a Contract, will start on the Commencement Date and will continue until terminated in accordance with clause 10 of these Conditions. Your Contract may also be subject to a Minimum Period, but we will tell you what this is before you sign up.
1.5 Other than a TalkTalk branded Modem, (which we may sell or provide to Customers of our Broadband Service or Fibre Optic Broadband Service under clause 4 and in each case for the purpose of receiving such service) and/or a SIM Card (which we may provide to Customers of our Mobile Service under clause 5) and/or a TalkTalk branded Set Top Box (which we may provide to Customers of our TV Service under clause 6 and for the purpose of receiving such service), we do not provide you with any equipment (such as a telephone or television). We are not responsible for any problems you may have with equipment which we do not provide.
1.6 You agree not to connect equipment to our network that may harm it or other customers’ equipment. If you do, you must disconnect it immediately, or allow us to do so at your expense.
1.7 We will send you a bill, which you must pay on time. We may send you separate bills if you take more than one Service from us. If you choose to manage your account online, you must provide us with a working email address so that we can send you our bill.
1.8 Please note that you can change your billing email address online via the My Account online service.
1.9 When we provide you with a Service, we will use the reasonable skill and care of a competent service provider, but we cannot guarantee that the Service will never be faulty. This is because the Networks, which allow you to access the Services may be provided by other third party companies over which we do not have control.
Your Telephone Number
1.10 You accept that you do not own any telephone number we make available to you under your Contract. You agree not to transfer the number to anyone else or to try to do so. You accept that we may have to change your telephone number. We will do so only when it is reasonably necessary or if we are requested to do so by Ofcom or another similar regulator. We will tell you before we change your number. You may request us to ‘port’ your number from another communications provider and we will try to do this wherever it is reasonably practicable. However you accept that this may not always be possible. In these circumstances we may have to provide you with a new number. If you have any questions in this regard please call Customer Services.
Ending a Particular Service or Changing a Tariff
1.11 You accept that the price that we charge for a bundle of products may be lower compared to prices of the individual products in the bundle taken together. If you take a bundle of Services, but later choose to take one or more of the Services from another service provider, you accept that we may charge for the remaining Services at their stand-alone price.
1.12 Please note that, if you make calls over another operator’s Network using an override code these calls may be charged at a higher rate than your normal TalkTalk rates.
Transferring a Service
1.13 We will try to give you the same set of services that you received from your previous telephone provider. However you accept that this may not be possible in some limited circumstances. Furthermore, since the services will not be automatically retained on transfer to TalkTalk, we can only provide you with Services, which you specifically selected when signing up to us.
1.14 If, immediately prior to receiving the Services from us, you were a customer of BT, some calls (such as subscriber or premium rate services) that appear on your TalkTalk bill may involve additional call charges. We will charge you for these at our rates as set out in our list of Charges (as amended from time to time).
1.15 You may have existing contracts for telecommunications services (i.e. line rental, or calls, or broadband, or mobile or TV) with your old service providers, which have minimum service periods in them. You are responsible for checking any such contracts and for paying for any ongoing charges or charges on termination you may have to pay to your old service provider. These will be in addition to our charges.
1.16 If you move house and want to access the Services at your new address you may need to set up new accounts for that location by calling Customer Services. You will have to provide us with what we regard as suitable proof of your new address if you wish to receive the LR Service or the Broadband Service or the TV Service. We will follow good industry practice in deciding what proofs of address are required. If you do not provide this information we will not be able to terminate your existing account and you will be liable for any charges that remain due in respect of the remainder of the term for the particular Service (for example, the remainder of the Minimum Period for the Broadband Service and / or TV Service).
1.17 If you have given us your permission, we will register your telephone number for ‘TalkTalk Privacy’ using the Telephone Preference Service (“TPS”) registry. The TPS is independent of TalkTalk and is a central register of individuals who have indicated that they do not wish to receive unsolicited sales and marketing calls. Registering your telephone number on the TPS will stop telemarketing calls from all other companies in the UK, including those who regard you as a customer unless you have previously told them you have no objection to them calling you.
Codes of Practice
1.18 We seek to provide our Services in accordance with our consumer code of practice. The code is available on www.talktalk.co.uk or by calling Customer Services.
1.19 When you connect to our Network you will usually be charged a connection fee (“Connection Fee”). This Connection Fee is levied in addition to any other Charges, which may be due under any other term of these Conditions and it arises primarily from charges which BT levy on us. Accordingly, we reserve the right to pass on some or all of these charges to you and if appropriate to charge you for any additional related expenses we may incur in relation to your connection. The Connection Fee will usually be charged at the point of connection to the relevant Service. The Connection Fee will be charged in accordance with our price list as published on our Website on the day you order the Services.
New Line Fee
1.20 If you have signed up for a “new line” installation with us, you will usually be charged a new line fee (“New Line Fee”). The New Line Fee will be charged in accordance with our price list as published on our Website on the day you order your new line. Your New Line Fee will be applied to your first or second bill.
General LLU Provisions
How we provide the Services to you
Local Loop Unbundling
1.21 Developments in Network technology (known as Local Loop Unbundling or “LLU”) may enable us to provide fixed line Services to you through our own Network rather than a third party Network. We will let you know when these developments occur. If you have previously agreed to take our LR service we may transfer you to our LLU network but we will still offer the same Services to you as those which you received from us before the transfer.
1.22 On the day that we transfer you to our LLU network, you may experience a temporary loss of Service of up to 24 hours. Afterwards, you may also have to re-set your access numbers and/or passwords.
1.23 Unless you have agreed previously to take our Broadband Service, we will seek your express consent before transferring you to our LLU network if you take a broadband service from another provider on the same telephone line at the time of transfer.
1.24 When you have been transferred to our LLU network, you need to be aware that:
1.24.1 you may no longer be able to use some telecommunications services you purchase from other telephone providers, such as indirect access services (whether using the BT 1280 or other indirect access codes);
1.24.2 you will no longer be able to use Broadband or Line Rental Services from other providers. We will not be liable for any charges which may arise as a result of the termination of your contract with your existing providers for those services;
1.24.3 if you want to switch one or more of your services to another telephone provider, we may have to provide your remaining Service(s) through another Network. You accept that you may have to pay additional charges for receiving Services from us in that case.
2.1 If you take our LR Service you must also take our Call Service. Your contract for our LR and Call Service will not include: telephone or other equipment (other than line rental); internet access; or calls via any mobile services which we may provide.
2.2 If we do not provide your LR Service over our LLU network you may use another provider for broadband services but you will need to continue paying them in order to receive that particular service.
Specific Provisions for LR and LLU
2.3 If you are a Customer of the LR Service only you are not eligible to:
2.3.1 participate in the ‘calling circle’ promotion;
2.3.2 receive “Inclusive Calls to TalkTalk Customers” (referred to in clause 3.4 below); or
2.3.3 take advantage of any other offers made available by us from time to time.
2.4 At an additional cost, we can provide you with the following optional LR select services:
2.4.2 voicemail plus;
2.4.3 call waiting;
2.4.4 ring back;
2.4.5 call divert;
2.4.6 withhold number on all calls;
2.4.7 anonymous caller reject;
2.4.8 last caller barring; and
2.4.9 caller display.
2.5 Please note you can only change your select service options once in any given month. We will make any requested change to your service with effect from the following month.
2.6 If you are moving home, we will do our best to arrange the transfer of your line whilst retaining your existing telephone number. However, you accept that we may not always be able to do so and we are not liable to you if we cannot.
2.7 You accept that if you move house and wish to continue to receive the Services at your new address you may incur a Homemover Fee and a new Minimum Period will begin.
2.8 If you have been allocated or have chosen to obtain a new number, you accept that we may bill you for your calls at a higher rate than normal until our Call Service has been activated on your line.
Faults and Repairs
2.9 If there is a fault with your LR Service, you should contact Customer Services. In accordance with industry practice we will try and repair a service failure by midnight on the second weekday (not including public and bank holidays) after the day you report the fault to us.
2.10 You may also be able to claim compensation if we fail to repair your LR Service or if we fail to respond to a fault when we said we would. Please contact Customer Services or visit our Website for further information on reporting a fault and details of our compensation policy. If your compensation claim is successful, the amount you receive will be credited to a later invoice. The maximum compensation claimable is £500.00 per line per annum.
2.11 Please note, you cannot claim compensation if:
2.11.1 you don’t qualify under the terms of our compensation policy;
2.11.2 you have not made your claim within one (1) month from when we put things right;
2.11.3 someone other than TalkTalk has caused the fault;
2.11.4 the fault was caused by something outside TalkTalk’s control, e.g. network or atmospheric conditions;
2.11.5 we ask to come onto your property and you do not allow us to;
2.11.6 we reasonably ask you for other help and you do not give it; or
2.11.7 your Service(s) haven’t been fully installed and activated at your address (whether you’re a new customer or are moving house and taking your service with you).
2.12 If you have agreed to a visit from our engineer you or someone over the age of 18 authorised by you must be present. If the engineer is not able to come onto the Premises or gain access to the relevant equipment, we will charge you an abortive visit charge.
2.13 We can also charge you for any such engineer visit if we reasonably believe that you have caused the fault by damaging the phone line or phone plug in your wall.
2.14 If you are a Call Service Customer and / or an LR Service Customer and elect to use another provider for some or all of your calls we may, at our sole discretion, decide to: (i) bar your use of IDA codes; (ii) charge you a higher fee for your use of the Call Service and / or LR Service; or (iii) disconnect your Call Service and / or LR Service (or Broadband Service if applicable).
2.15 If we provide the Services to you over our LLU Network, we may also charge you a higher fee for your Broadband Service.
3.1 Your contract for the Call Service does not include line rental, mobile phone service or broadband. You will need to continue paying your existing providers for those services. You will be able to access the emergency services using 999 or 112 using the Call Service.
3.2 If your telephone line is faulty and you do not take our LR Service, you will need to contact your Line Rental Provider (usually BT) to repair and maintain the line and/or connection in accordance with the terms and conditions of your agreement with them. We are not responsible for any charges you may incur as a result.
3.3 Calls to the Channel Islands and the Isle of Man are not automatically included in your Tariff Plan or in any promotion offered by TalkTalk. In addition if your account was setup before 15/05/07 your Call Service will not include the ability to make calls to the following countries: Nigeria, Columbia, Russian Federation, Bangladesh, India, Pakistan, Sao Taome, or Kuwait. We may permit you to call these countries but we may also withdraw such access at any time. If your account is activated after 15/05/07, you will be able to make calls to those countries without our prior permission, subject to the other provisions in these Conditions.
Inclusive Calls to TalkTalk Customers
3.4 If your Tariff Plan includes Inclusive Calls to TalkTalk Customers, you will not be charged for the first 180 minutes of each call. Thereafter, the standard Charges relevant to your Tariff Plan will apply for all minutes in excess of 180 minutes. Inclusive Calls to TalkTalk Customers are available on the following conditions:
3.4.1 the calls must be made for normal residential use and not for business purposes. You must also use TalkTalk as your only call provider;
3.4.2 you must call a number belonging to an active TalkTalk customer;
3.4.3 you must call a number starting with 01, 02 or 03; and
3.4.4 you cannot use a call divert facility.
3.5 You accept that we can withdraw your ability to make Inclusive Calls to TalkTalk Customers at any time at our sole discretion. We will try to give you 30 days’ notice if we believe that our Inclusive Calls to TalkTalk Customers offer is damaging our business. However we do not have to give you any notice if we believe you are in breach of these Conditions or that your use may cause degradation of service levels to other TalkTalk customers.
3.6 If you are on the ‘Talk240’ Tariff Plan, any local calls to other TalkTalk Customers will first be deducted from your Inclusive Call allowance under that Tariff Plan.
3.7 IDA service customers (whether under the ‘Talk Now’ brand or otherwise) are excluded from participating in Inclusive Calls to TalkTalk Customers.
3.8 If your Call Service Tariff Plan allows you to call customers on other Networks for a fixed fee, these calls will be subject to certain limitations. If any such call (whether national or international) lasts for longer than sixty (60) minutes you will be charged for any minutes, which are in excess of this time. If you wish to avoid these charges you can replace the handset and re-dial before the sixty (60) minute threshold is reached. If your Call Service Tariff Plan includes “Local Calls” these are calls made to other landline numbers in your local area and adjacent codes. If your Tariff Plan includes “National Calls” these are calls to landline numbers in the UK that start with 01, 02, 03, 0870 or 0845 (excludes calls to Channel Islands).
3.9 If you move house, your Call Service should continue uninterrupted. However, you accept that there may be interruptions to your service in some circumstances. For instance this may be the case if your telephone number changes or if you move out of an area covered by our LLU Network.
3.10 If you move house and wish to continue to take the Call Service you may have to pay a Homemover Fee.
3.11 You may be able to make international calls using our International Access service. This allows you to make cheaper international calls by first dialling an Access Code. Your phone line may be barred for international destinations in which case you must first call our Customer Services before you can make any international calls.
3.12 You accept that you may not always get through to all international destinations and that we may also require you to pay a deposit or impose a Credit Limit before we allow you to use International Access. Even if we have imposed a Credit Limit, you will be responsible for any call charges you incur in excess of that limit because of delays in our billing system.
3.13 You accept that you will need to pay higher charges for international calls that you make without using the Access Code.
3.14 Unless we tell you, our other promotional offers do not apply to International Access.
4.1 The Broadband Service is available as a separate Service and does not include fixed line or mobile calls or line rental. If you use another provider for these services, you must continue paying the other provider.
4.2 In order to provide you with the Broadband Service, we need to test your telephone line to ensure that broadband is available in your area. You are responsible for paying for any work that needs to be carried out on your telephone line in order to receive broadband.
4.3 When we activate your Broadband Service you accept that there may be a temporary loss of your line.
4.4 To be able to receive and use the Broadband Service you will need an existing telephone line and a personal computer (“PC") of minimum specification. Please speak to Customer Services for further details of the minimum PC specification that is required. You will also need compatible cables and extension leads between your PC, Modem and telephone socket. You accept you may need to modify your PC slightly to make it operate with the Broadband Service. It is your responsibility to ensure that such modifications do not invalidate the terms of any warranty that you may have concerning your PC. We will not be liable if any such warranty has been invalidated as a result of work carried out by you, us or our agents (including BT) to make your PC operate with the Broadband Service, except in the event of our negligence.
4.5 If when you order an applicable Service you purchase a Modem from us or we otherwise agree to supply one to you without charge with the Service, we will try to make sure that the Modem is delivered to your home before the Service is activated. However we cannot guarantee that you will receive the Modem in time. Please note, for environmental reasons, any Modem that we agree to supply without charge may be a Modem in 'as new' condition. This will be a Modem that has been refurbished and/or repackaged, but it will look and operate in exactly the same way as a new Modem.
4.6 You must inspect the Modem as soon as you receive it and tell us of any damaged or missing items within seven (7) days by calling Customer Services. We will then send you a replacement Modem, but if we do this you must also return the faulty one to us in accordance with clause 4.7 below. We will also repair or replace the Modem if it becomes faulty during the first eighteen (18) months after we supply it to you, but we will not replace any faulty Modem if you are responsible for the fault (including without limitation as a result of your failure to follow the manufacturer's instructions or your mis-use or alteration of the Modem without our approval). In that case you must pay for a replacement Modem in order to receive the applicable Service.
4.7 If we send a replacement Modem, you must return to us the faulty Modem (including all cables and software that came with it) within thirty (30) days of receipt of the replacement Modem. You accept that we will charge you for the replacement Modem if you do not return the faulty Modem (including all cables and software that came with it). We will accept proof of postage as proof that you have sent us the faulty Modem. You must keep the original box and packaging for the Modem in good condition and ensure that the Modem is stored in accordance with the manufacturer's recommendations. We will refund the reasonable cost of returning the faulty Modem to us by post. At your request we will send you a pre-paid returns envelope to return a faulty Modem to us.
4.8 If you wish to use a modem or any other equipment that we have not supplied, we will try and help you as far as we can. However we cannot guarantee that the applicable Service will work with that modem or equipment.
4.9 If prior to the Commencement Date you cancel your Order for the applicable Service in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and we have supplied you with a Modem without charge, or if at any time you purchase a Modem from us over the phone or from our Website and in accordance with the same regulations you cancel your contract for the purchase of that Modem by giving us notice within the period of fourteen days starting from the day you receive the Modem from us, you must: (i) first obtain a Return Authorisation Number from TalkTalk by calling our Returns Department on 0870 087 3526; and (ii) return the Modem to us undamaged and in its original packaging, together with your RAN and proof of purchase, by sending it special delivery to TalkTalk Returns c/o Anovo UK Ltd, 71 Bilton Way, Enfield, EN3 7EP. If you have purchased the Modem from us, we will issue you with a cheque refund within thirty (30) days of receiving the returned Modem from you. This refund will only apply to the purchase price of the Modem; we will not refund the cost of returning it to us unless it is faulty.
4.10 If you return the Modem to us in accordance with clauses 4.7 or 4.9 and have either failed to take reasonable care of the Modem while it remained in your possession or you fail to return all the relevant cables and appropriate ancillary equipment or software supplied to you with the Modem, we shall be entitled to debit your account (using the details that you provided to us with your Order) for the full replacement cost of such Modem. To take reasonable care of the Modem you shall retain and keep the original box and packaging for the Modem in good condition and shall ensure that the Modem is stored in accordance with the manufacturer's recommendations.
4.11 In order to connect to the Broadband Service, or the Fibre Optic Broadband Service we may require you to install certain software on your PC. If you do not install this software, we may not be able to resolve any installation and/or connection problems you may experience. In addition, we are not responsible to you for any matter that may arise as a result of your failure to do so. By installing this software you also allow us access to your PC so that we can diagnose and fix any problems. You accept that we will be able to access your PC in this way.
4.12 Before you install the software supplied with the Modem and before you connect the Modem to your PC, you should back up or save any data on your PC. We are not responsible to you if you lose any data.
4.13 We will try to give you the 'download' Transmission Speed that you have signed up for but we cannot guarantee that you will always be able to get these Transmission Speeds. If we cannot provide you with the Transmission Speed you have signed up for, we will give you the next available lower Transmission Speed unless you have taken the Fibre Optic Broadband Service in which case we shall not be able to provide that Service to you. The Transmission Speed may also change if you move house because this is dependent on your proximity to your local telephone exchange. You accept that 'upload' speeds will always be slower than 'download' speeds. We will provide you with further details of these upon request.
4.14 If you have any queries regarding your Broadband Service or want to report a fault, you need to contact our Customer Services. In addition, we will operate a Technical Support Helpline to provide information and advice to you on any technical issues relating to your use of the Broadband Services. Calls to Customer Services and the Technical Support Helpline will be charged at the prevailing rates set out on our Website.
4.15 We will give you a username and password in order to access the Broadband Service. You will be responsible for keeping this username and password confidential and agree to take all necessary steps to ensure their confidentiality and that they are not disclosed to any unauthorised third parties. You will inform us if you become aware of or suspect any unauthorised use of your username and password and agree to take all necessary steps (or such steps as may be requested by us) to prevent such use.
4.16 You accept that you do not own any e-mail addresses that we have given to you. You also accept there may be good reasons why sometimes we may need to change the e-mail addresses.
4.17 To prevent 'spam' from affecting the operation of our systems and the Broadband Service, we may need to block access to or delivery of any e-mail which appears to be of an unsolicited nature and/or part of a bulk e-mail transmission. We may also use virus screening technology that may result in the deletion or alteration of e-mail and or e-mail attachments. We expect this software to be fully effective but we cannot guarantee that it will always protect you from unsolicited emails or any virus, worm, Trojan horse or similar. We therefore recommend that you install your own anti virus software.
4.18 Where we provide you with email facilities, web hosting or other services that involve us providing storage space on our systems, we may impose limits (which we may vary from time to time) on the storage space we provide to you in order to ensure the quality of the service to you and other users. These limits may relate to the physical amount of webspace or the number of mailboxes made available to you, email messages that can be stored and/or the size of any attachments you can send. We may reject or delete material that exceeds the relevant limit. We may also: (a) block receipt of emails to; and/or (b) archive or delete emails and/or attachments from, mailbox accounts which have not been used by you for a reasonable period of time.
4.19 It is your responsibility to make sure that the Broadband Service does not affect any alarm system in your home.Boost
4.20 In addition to the Broadband Service, you may opt-in to obtain any Boost.
4.21 You accept that for any Boost you opt-in for, the following special conditions shall apply:
4.21.1 You must pay the Boost monthly charge;
4.21.2 We will charge you monthly in advance for any Boost.
4.22 All Boosts have a minimum duration of 30 (thirty) days at a time. Once you have opted-in to a Boost, you will continue to receive it until you opt-out or your contract with us ends.
4.23 If you want to opt in or out of a Boost, you must give us at least 48 (forty eight) hours' notice prior to the end of the 30-day billing period that applies to your TalkTalk account. You can opt in or out of a Boost via your online account (which can be accessed at talktalk.co.uk/myaccount) or by calling Customer Services on 08700 870 100. Notice received after the monthly cut-off time will be actioned at the end of your next billing period.
4.24 The following special conditions shall apply in relation to our Fibre Optic Broadband Service.
4.25 To obtain the Fibre Optic Broadband Service you must be a Customer in receipt of our Broadband Service. If you are already a Customer in receipt of our Broadband Service you will have to agree to the commencement of a new Minimum Period for your packaged Services and that Minimum Period will begin when we successfully install the Fibre Optic Broadband Service.
4.26 When you sign up to the Fibre Optic Broadband Service we will arrange a convenient time for an engineer to visit the Premises to install and set up the necessary equipment for the provision of the Fibre Optic Broadband Service, including but not limited to a Modem. From time to time, we may have to re-schedule an appointment. If we have to do this, we will try to re-schedule another appointment as soon as reasonably possible. We will not be responsible to you for any delay in keeping appointments or if we have to re-schedule an appointment. Please note that an engineer may contact you directly in relation to your appointment for the installation of the Fibre Optic Broadband Service.
4.27 You will usually be charged a fee for the installation and set up of the Fibre Optic Broadband Service (the “Fibre Optic Activation Fee") and you will be informed of that fee at the time you order the Fibre Optic Broadband Service.
4.28 If you have agreed to a visit from an engineer you or someone over the age of 18 authorised by you must be present. If the engineer is not able to come onto your Premises or get access to any equipment, we may charge you an abortive visit charge.
4.29 In order to provide the Fibre Optic Broadband Service the engineer may have to move the location of the telephone master socket within the Premises as well as install additional wiring. If you do not consent to the change in location of the telephone master socket or the installation of additional wiring the engineer will cease the installation of the Fibre Optic Broadband Service, you may be charged a fee to cover our reasonable costs and you will revert back to the Services we provided to you prior to your order of the Fibre Optic Broadband Service.
4.30 At the time of your Order we will give you an estimate of the Transmission Speed that we expect your Fibre Optic Broadband Service connection to attain and we will only process your Order if that estimate is above the minimum Transmission Speed stated for the Fibre Optic Broadband Service.
4.31 If an engineer visits the Premises to install and set up the Fibre Optic Broadband Service and the Transmission Speed of your Fibre Optic Broadband Service does not reach the minimum specified by us in relation to the Fibre Optic Broadband Service we will be unable to provide the Fibre Optic Broadband Service to you. In these circumstances you will not be charged the Fibre Optic Activation Fee.
4.32 It may take up to two weeks from the date of installation for the speed which you achieve through the Fibre Optic Broadband Service to stabilise.
4.33 You may cancel your Order for the Fibre Optic Broadband Service at any time up until the Commencement Date. If you cancel your Order for the Fibre Optic Broadband Service you may be charged a reasonable fee in relation to the work that may have been undertaken at your home or exchange.
4.34 If you cancel the Fibre Optic Broadband Service prior to the expiration of the Minimum Period you may incur a charge in accordance with Clause 11.8.
4.35 If you are moving house and wish to transfer the Fibre Optic Broadband Service we will do our best to arrange a transfer. However, you accept that we may not always be able to do so and we are not liable to you if we cannot.
4.36 You accept that if you move house and wish to continue to receive the Fibre Optic Broadband Service at your new address you may incur the Fibre Optic Activation Fee.
4.37 You may need to obtain a Migration Authorisation Code (“MAC") from your current broadband provider in order to move to our Broadband Service. This MAC will be valid only for a limited period and can only be used once. You accept that we may charge you if you are moving your broadband from another provider to us. For further details about MAC's or of these charges please call Customer Services or visit our Website.
4.38 If you terminate your Broadband Service prior to the end of the Minimum Period you must pay us the amount set out in clause 11.8 below. The same applies if your telephone line is disconnected for any other reason such that we can no longer provide you with our Broadband Service.
These Mobile Service terms and conditions relate solely to customers who have been taking a Mobile Service from us since before 1 April 2007. If you are a new TalkTalk Mobile customer who has joined us after 19 July 2010 please refer to the separate terms and conditions which relate to that service and which can be found at http://www.talktalk.co.uk/mobiletermsconditions.
5.1 The TalkTalk Mobile Service is no longer available to new customers as at 1 April 2007. For existing customers of the Mobile Service, the remaining provisions of this clause 5 still apply.
5.2 You shall be responsible for ensuring that the SIM Card you have purchased under this Contract for the Mobile Service is:
5.2.1 of the correct specification for your intended use and location from which you intend to make or receive calls; and
5.2.2 registered to the TalkTalk landline number (that has been issued by us and used under the Contract for our Call Service) which entitled you to enter a Contract for the TalkTalk Mobile Service. Although this process should occur automatically you are advised to contact Customer Services for further details about how to ensure that these landline and mobile numbers are properly registered together.
5.3 From time to time we may have to change the specification of the SIM Card in order to make it:
5.3.1 conform with any applicable safety or other statutory requirements; or
5.3.2 reflect changes in the manufacturer’s specification.
5.4 You accept that from time to time we may also have to make other necessary changes in the specification of the SIM Card, but these will not materially reduce the quality or performance of the SIM Card.
5.5 Unless your SIM Card is faulty, once you have received your SIM Card all risk of damage in it (or loss of it) shall pass to you. The SIM Card, where new, is sold with the benefit of and subject to the terms applicable to such warranty or guarantee as is given by the manufacturer of the SIM Card.
5.6 If you think the SIM Card is faulty, you should take the SIM Card to any Carphone Warehouse store or send it to us at: Direct Returns, CPW Logistics Centre, Units 4 & 5, Bilston Road, Wednesbury, West Midlands WS10 7JN by special delivery with your proof of purchase where it will be checked on another phone. If the SIM Card does not work on another phone the following provisions of this clause will apply. If a valid claim is made within twenty-eight (28) days of purchase of the SIM Card, we will replace or refund the SIM Card free of charge. After the expiry of this twenty-eight (28) day period, no replacement or refund will be given. We do not provide refunds for any Top-Up. In addition, other than where your SIM Card is faulty in the circumstances set out above, we shall be entitled to charge you if your SIM Card is replaced for any reason whatsoever.
5.7 We shall (at our or the manufacturer’s option) have the right to fulfill our obligations under clause 5.6 by refunding you the price you paid (or a proportionate part thereof, depending upon age and condition). That will be the extent of our liability to you in respect of the SIM Card or your use of the Mobile Service.
5.8 Other than as set out above, we shall be under no other obligation to exchange, repair or replace the SIM Card or provide any refunds. You should note (and hereby acknowledge), that any data (including any ringtone, logo, phonebook contents, MMS, SMS, games and photographs) may be lost during a repair and will be lost if the SIM Card is exchanged. We are not liable for this and it is therefore your responsibility to back up any such data stored on your SIM Card.
5.9 We are not liable for any defect in the Mobile Phone, which you use to access the Mobile Service, or for any defect in: your SIM Card resulting from, as applicable:
5.9.1 fair wear and tear;
5.9.2 rain, water or other liquid damage;
5.9.3 accidental or wilful damage;
5.9.5 abnormal working conditions;
5.9.6 failure to follow the manufacturer’s instructions (whether oral or in writing); or
5.9.7 misuse or alteration or repair of the SIM Card (or Mobile Phone using a SIM Card) without the manufacturer’s approval.
5.10 The Mobile Service will include providing you with access to, certain services including: emergency services using 999 or 112; operator assistance services and directory enquiries. We reserve the right to charge you for some of these services (other than calls to emergency services) and your Tariff Plan may change accordingly. If you instruct us to change the Mobile Service you require, we will try to implement your instructions as soon as possible but there may be delays in doing so for which we will not be liable unless such delay is due directly to our fault or negligence.
5.11 The Mobile Service, may not be available in all parts of the United Kingdom and is not automatically available abroad. In addition, it will not include the following services which are available at extra Charge:
5.11.1 access to or use of international Roaming (as defined below);
5.11.2 the ability to make calls to the following countries: Ascension Is, Christmas Is, Comoros, Cook Is, Cuba, Diego Garcia, Guinea-Bissau, Kiribati, Marshall Is,Micronesia, Nauru, New Caledonia, Norfolk Is, Northern Mariana Is, Palau, Sao Tome / Principe, Solomon Is, Somalia, St. Helena, Tonga, Tuvalu, Vanuatu and Wallis & Futuna Is. This list may change;
5.11.3 the ability to make calls to any satellite phone Networks including: all Inmarsat (+871, +872, +873, +874), Iridium (+8816, +8817), Thuraya (+88216), Globalstar (+8818, +8819), ICO Global (+8810, +8811), Ellipso (+8812, +8813) and Emsat (+88213); and
5.11.4 access or use of GPRS, MMS or the ability to make or receive premium rate calls.
5.12 In the interest of other users, the number and duration of messages that can be left on your voicemail service will be limited. Please note that your confidentiality of messages cannot be guaranteed. You must not record an abusive greeting message. You may not be able to use the voicemail service while abroad.
5.13 Subject to the provisions of clause 5.14, if you are connected to the GSM Network then we will use reasonable efforts to enable you to obtain access to the GSM Networks in other countries. We call this “Roaming” (and “Roam” shall be construed accordingly). You should bear in mind that overseas Networks may also be limited in quality and coverage. Access to overseas Networks will depend upon the arrangements between the foreign Network Operators and us.
5.14 The ability to use our international Roaming service or to make international calls is subject to status. If you use the Mobile Service abroad, you will be charged for the calls, MMS and SMS messages that you receive as well as for those that you make. Charges incurred using your Roaming service may take longer to be billed than normal Charges. When the Mobile Service is connected, it may have been programmed so that you may be barred from using overseas Networks and from making international calls, MMS or SMS messages or premium rate calls. If you want to have the Mobile Service unbarred, then you should call Customer Services. We may agree to remove this bar after making credit checks and we may, pursuant to clause 10, ask you to pay a non-interest bearing deposit as security against any monies you may owe in the future. Any such deposit will be reasonable and will be assessed in the light of your previous TalkTalk bills and credit history.
5.15 Subject to you not exceeding the usage or Credit Limits, if any, we will use reasonable endeavours to provide the Mobile Service by the date we have agreed with you, but we do not guarantee to do so. If you place an Order for an additional service (i.e. Roaming) or otherwise instruct us to change the Mobile Service (i.e. to bar calls) we will use reasonable endeavours to complete your Order as soon as possible, but there may be a short delay in doing so. We will not be liable to you for any costs, expenses or claims arising directly or indirectly out of such delay unless it is due directly to our fault or negligence.
5.16 We may at any time require you to pay a non-interest bearing deposit in respect of the provision of the Mobile Service, against which any Charges incurred by you may be offset. Any such deposit will not guarantee your right to receive additional services (i.e. Roaming) and a further deposit may be required before you can access any such additional service. Any deposit we require will be reasonable and will be assessed in the light of your previous TalkTalk bills and credit history.
5.17 In addition to the provisions of clause 3.4 in regard to Inclusive Calls to TalkTalk Customers, the following provisions shall apply to any Inclusive Calls to TalkTalk Customers that may form part of the Mobile Service. You will only be able to make Inclusive Calls to TalkTalk Customers if the payments due from you have been successfully received from your TalkTalk Call Service account. We reserve the right to withdraw Inclusive Calls to TalkTalk Customers from any Customer but we will always act reasonably towards you when exercising our discretion in this area.
5.18 For operational reasons, we may have to:
5.18.1 alter the number of any SIM Card or any other code or number or technical specification associated with the Mobile Service;
5.18.2 give you instructions which we believe are necessary for reasons of health, safety or the quality of the Mobile Service to you or any other Customer;
5.18.3 suspend the Mobile Service because of an emergency or for your security;
5.18.4 record telephone calls you make to us to facilitate improvements to our Mobile Service and to provide evidence of telephone Orders and instructions you may give to us; and
5.18.5 monitor the contents of any SMS or MMS you send from time to time.
5.18.6 If we believe that we may be unable to continue to provide the Mobile Service on a particular Network for any reason then, if we tell you, we may transfer the number to another Network. On transfer we will continue to make available to you the Mobile Service, or a similar service, and you will not be required to pay an increased amount for the Mobile Service.
5.19 We reserve the right at our discretion to bar your SIM Card from making or receiving calls, MMS and/or SMS and using GPRS, but we will always act reasonably towards you when exercising our discretion. In addition we reserve the right to disconnect any SIM Card from the Network if you are in breach of these conditions.
5.20 You must pay a reconnection charge of £10.00 and any outstanding Charges if your SIM Card is disconnected from the Network. If your SIM is barred it will not be unbarred until your account is at least £10.00 in credit.
5.21 You agree to use the SIM Card and the Mobile Service in the way described in any user guide or other instructions issued by us. You acknowledge that the SIM Card remains the property of the relevant Network Operator and that you cannot sell your SIM Card or any associated number or agree to transfer them to anyone else without our consent.
5.22 You must only use a Mobile Phone, which is lawfully approved for connection to make and receive mobile calls (whether data or voice). You must not use the Services for any improper or unlawful purpose. You must comply with any instructions we give you about the Services. You agree:
5.22.1 that all factual information you provide to us is correct;
5.22.2 to take adequate precautions to prevent damage to or loss or theft of your SIM Card; and
5.22.3 to inform Customer Services as soon as possible on 08700 870 100 if the SIM Card is lost, stolen, damaged, destroyed or likely to be used in an unauthorised manner and to co-operate with us in our reasonable security and other checks.
5.23 You must tell us immediately if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Service or the Content and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.
5.24 For your own protection, you must keep confidential, the electronic serial number of your SIM Card, any lock code(s) associated with your SIM Card, your voice mail access number, and any other personal identification password or security number. When choosing a password, you must not use words that are obscene or likely to cause offence. In addition when you use your SIM Card, the identity of your Mobile Phone number may be sent through the Networks so as to be identified to the phone being called. The identity of your Mobile Phone number will always be sent if calling 999 or 112.
5.25 If you have a SIM Card, which enables access to the internet the following terms in addition to the relevant provisions of clause 4, will also apply to you:
5.25.1 we, or our contractual partners, may provide links to other web sites or resources. We do not endorse, nor do we make any warranty as to the accuracy, completeness, reliability or continuous supply of the Content contained on any third party sites or resources accessed via the Service;
5.25.2 we will not be responsible for any loss or damage you may suffer from any dealings with third parties. Any dealings with products or services provided by third parties which are located by using the Service or via our website are solely between you and that third party, unless we specifically state otherwise;
5.25.3 all the visual, textual or other information published or otherwise made available (directly or indirectly) on the internet using the Mobile Service (“Information”) whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Information originated. This means that you, and not us, are entirely responsible for all Information that you upload, e-mail or otherwise transmit via internet access;
5.25.4 we may vary the technical specification of the Mobile Service from time to time for example if this is necessary to provide you with the benefit of being able to access new services such as GPRS;
5.25.5 we will not be responsible for any harm you suffer from a virus which infiltrates your Mobile Phone whether it was transmitted via the Mobile Service or otherwise unless such harm was due directly to our fault or negligence. You remain responsible for all Charges applied to your account for the use of any services activated by such virus;
5.25.6 you may only use the Content in a way that does not infringe the rights of others (“Approved Use”) and you must comply with all other instructions issued by us regarding use of Content. You shall not store, modify, transmit, distribute, broadcast, or publish any part of Content other than for an Approved Use. The re-selling, copying or incorporation into any other work of part or all of the Content in any form is prohibited save that you may print or download extracts of the Content for your personal use only; and
5.25.7 your ability to access a secure internet environment will be dependent on the make and model of your Mobile Phone and the third party supplier of Content.
5.26 If you use the Mobile Service to link into websites, resources and/or Networks worldwide we accept no responsibility or liability for the Content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such websites, resources and/or Networks.
5.27 It is important that you pay your Charges on time, if you do not we can suspend or terminate your Mobile Service. If you reverse the charges on any call or accept a reversed charge call, you will be liable to pay for these Charges.
5.28 In addition to the provisions of clause 10, the following provisions will apply to the Mobile Service. For each SIM Card we have supplied you with which has not been cancelled, we will collect a minimum of £10.00 per month by direct debit. This amount will be deducted from the bank account which you have authorised us to deduct all other payments under the Contract for the Call Service which is connected to your Contract for the Mobile Service. This £10.00 charge for each SIM Card will appear as an item on your bill for the TalkTalk Call Service. This charge will be offset against the calls you make to, or if appropriate receive from, other landline or mobile numbers. For the avoidance of doubt the £10.00 credit will not be offset against any Inclusive Calls to TalkTalk Customers you may make pursuant to clause 5.17. Any Customer who wishes to make further use of the Service, in addition to the usage they have acquired by paying the initial monthly fee of £10.00 referred to above, may acquire further airtime by the normal Pre Pay methods (which may include, without limitation, Top-Ups, a swipe of a Customer’s Credit or Debit Card at an appropriate terminal or calling the appropriate telephone number to enable further credit to be added to the Customer’s TalkTalk mobile account). Please call Customer Services for further details. In the event that you do not use up any, or all, of the £10.00 credit in the month in which it was first charged, we will roll it over and add it to the £10.00 credit which we charge in respect of the next month. If any such credit is not used up within 60 days of the date on which it was first charged it will no longer be available for you to use. No refunds, whether of any unused credits or otherwise, will be given.
5.29 All the Charges are payable to us by Top-Up, Credit or Debit Card (including Electron and certain cards issued overseas) or through such other means as we may agree in writing from time to time.
5.30 If we advise you of the amount in credit or the amount due on your account this is an estimate only and is based on the information we have received from the Network Operators.
5.31 If the SIM Card is lost, stolen, damaged, destroyed or used in an unauthorised manner we may charge you the amount specified in the Tariff for reconnection. You will be responsible for any Charges incurred as a result of unauthorised use of the SIM Card, or the information contained within the SIM Card, until we have suspended the Service unless there is a delay in suspending the Service, which is due directly to our fault or negligence. Please contact us immediately so that we can prevent further Charges being incurred. You will be required to pay for all call Charges up to the time you notify us and you will be liable for the Charges thereafter until this Contract has ended.
5.32 If you tell us, we will include your details in a national directory and/or directory enquiry service. Please call or write to us (please see our website for contact details) if you would like us to do so. There may be a reasonable charge for this service.
6.1 The TV Service is only available to Customers who take an eligible Tariff Plan that includes both the Broadband Service and the TV Service. A Minimum Period applies to all Tariff Plans and we will tell you what this is when you place your Order. If you are already a TalkTalk Customer within the Minimum Period of your existing Tariff Plan and you place an Order for any other Tariff Plan that includes the TV Service, please note that:
6.1.1 your existing Contract will be cancelled and a new Contract with a new Minimum Period will commence from the date your Order is accepted. We will confirm this with you when you place your Order; and
6.1.2 you may be charged a deferred fee for your current Set Top Box or any other equipment for the TV Service or given the option to return such equipment.
6.2 You agree that if when you Order a Tariff Plan with our TV Service you are already an existing customer on another TalkTalk tariff of residential fixed line telephony services and you subsequently change your mind and cancel your subscription to the Tariff Plan with our TV Service during the Change of Mind Period, for operational reasons we may not be able to put you back on your original tariff. As such, you accept that in such circumstances you must either migrate to another available TalkTalk Tariff Plan or transfer your Services to an alternative provider. Please note that if you are within the Minimum Period of an existing Tariff Plan for residential fixed line telephony services and you cancel your subscription to a Tariff Plan with our TV Service during your Change of Mind Period and do not wish to transfer to another available TalkTalk Tariff Plan, you must also pay the relevant early termination fee applicable to your existing Contract.
6.3 To receive the TV Service:
6.3.1 you must have a television with a SCART or HDMI connection. If you require further information on this please visit the help pages on our website (www.talktalk.co.uk/tvhelp). Please note we will not supply a television to you. You must also obtain your own television licence from the TV Licensing Authority – we are not responsible for this;
6.3.2 it is recommended that your telephone line must be able to achieve a Transmission Speed of not less than 3 Mbps. We will carry out a line speed check at the time you place your Order. However, in the event the telephone line in your Premises is unable to support this minimum Transmission Speed either at the time you place your Order for the TV Service or at any time after you commence using the TV Service, you are responsible for paying for any work that needs to be carried out on your telephone line to enable you to achieve such recommended minimum Transmission Speed;
6.3.3 you will need a Set Top Box which we will sell or provide to you. We will tell you when you place your Order for a Tariff plan with our TV Service whether there is any applicable charge for the Set Top Box and / or any applicable charge for the relevant installation you have chosen. Such charges will be billed to you on your TalkTalk bill soon after installation. Please note that the TalkTalk branded Set Top Box that we sell or supply is only available to TalkTalk customers who take our TV Service and cannot be purchased from any general high street retailer. Please note, for environmental reasons, any Set Top Box that we agree to supply without charge may be a Set Top Box in 'as new' condition. This will be a Set Top Box that has been refurbished and/or repackaged, but it will look and operate in exactly the same way as a new Set Top Box;
6.3.4 you must ensure that a suitable connection to a working TV aerial is provided in close proximity to where the Set Top Box is to be installed in your home. Please note that in order to receive any of the Freeview channels, including the Freeview HD channels, you must live in a location with a suitable level of signal strength. You can check the Freeview signal strength of your home, by going to http://www.freeview.co.uk and carrying out a coverage check. We recommend you do this before your installation date as you will not be permitted to cancel your Contract on or after installation due to insufficient Freeview signal strength at your premises.
6.4 If prior to the Commencement Date you cancel your Contract for a Tariff Plan that includes the TV Service in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and we have supplied you with a Set Top Box without charge, or if at any time your purchase a Set Top Box from us over the phone or from our Website and in accordance with the same regulations you cancel your contract for the purchase of that Set Top Box by giving us notice within the period of fourteen (14) days starting from the day you receive the Set Top Box from us, you must: (i) first obtain a Return Authorisation Number from TalkTalk by calling our Returns Department on 0870 087 3526; and (ii) return the Set Top Box to us undamaged and in its original packaging, together with your RAN and proof of purchase, by sending it special delivery to TalkTalk Returns c/o Anovo UK Ltd, 71 Bilton Way, Enfield, EN3 7EP. If you have purchased the Set Top Box from us, we will issue you with a cheque refund within thirty (30) days of receiving the returned Set Top Box from you. This refund will only apply to the purchase price of the Set Top Box; we will not refund the cost of returning it to us unless it is faulty.
6.5 If you return the Set Top Box to us in accordance with clause 6.4 and have either failed to take reasonable care of the Set Top Box while it remained in your possession or you fail to return all the relevant cables and appropriate ancillary equipment or software supplied to you with the Set Top Box, we shall be entitled to debit your account (using the details that you provided to us with your Order) for the full replacement cost of such Set Top Box. To take reasonable care of the Set Top Box you shall retain and keep the original box and packaging for the Set Top Box in good condition and shall ensure that the Set Top Box is stored in accordance with the manufacturer's recommendations.
6.6 If you receive a Set Top Box by post or courier, you must inspect the Set Top Box as soon as you receive it and tell us of any damaged or missing items within seven (7) days by calling Customer Services. We will then ask that you return the faulty Set Top Box by sending it to TalkTalk in the returns bag we shall provide to you and we, at our sole discretion, will either send an engineer to install a replacement Set Top Box or send you a replacement Set Top Box to self-install.
6.7 We will repair or replace a Set Top Box if it becomes faulty during your Minimum Term, unless either: (i) you leave us before the end of your Minimum Term (in which case we will only repair or replace it during the first twelve (12) months after we supply it to you); or (ii) you are responsible for the fault (including without limitation as a result of your failure to follow the manufacturer's instructions or your mis-use or alteration of the Set Top Box without our approval). In that case you must pay for a replacement Set Top Box in order to receive the TV Service.
6.8 If we send a replacement Set Top Box, you must return to us the faulty Set Top Box (including all cables and software that came with it) within thirty (30) days of receipt of the replacement Set Top Box. You accept that we will charge you for the replacement Set Top Box if you do not return the faulty Set Top Box (including all cables and software that came with it). We will accept proof of postage as proof that you have sent us the faulty Set Top Box. You must keep the original box and packaging for the Set Top Box in good condition and ensure that the Set Top Box is stored in accordance with the manufacturer's recommendations. We will refund the reasonable cost of returning the faulty Set Top Box to us by post. At your request we will send you a pre-paid returns envelope to return a faulty Set Top Box to us.
6.9 If you wish to use a Set Top Box that we have not supplied, we will try to help you as far as we can. However we cannot guarantee that the TV Service will work with that Set Top Box.
6.10 If you receive a Set Top Box from us at no charge or a reduced charge and subsequently cancel the Tariff Plan with your TV Service before the end of any applicable Minimum Term then, in addition to any fee payable for early termination of your Tariff Plan in accordance with clause 11 below, we may also charge you the cost of the Set Top Box as set out on our Website less any amount you paid at the time you ordered the TV Service.
6.11 In addition, if you receive a Set Top Box from us at no charge or a reduced charge you must connect and keep it connected to our network at all times during the Minimum Period of your applicable Tariff Plan. If you do not keep such Set Top Box connected to our network we may, after providing you with reasonable written notice and at our discretion, ask you to either return it to us or, as reasonable compensation for your failure to take and use our TV Service in accordance with the terms of your Contract, charge you the cost of the Set Top Box as set out on our Website less any amount you paid at the time you ordered the TV Service.
6.12 The Set Top Box will contain certain software (“Software”) and you must agree to any End User Licence Agreement (“EULA”) in respect of such Software before you start to use the TV Service. A copy of the EULA (if applicable) will be provided to you during the set up process for the Set Top Box. If you do not agree to the terms of the EULA you will not be able to complete the set up process and use the TV Service. If you breach any of the terms of the EULA at any time we shall cease providing the TV Service to you. In addition, to receive our TV Service, when you connect your Set Top Box to our network you must also agree to YouView’s terms and conditions for the use of its delivery platform and comply with such terms and conditions at all times.
6.13 You may only plug the following into the Set Top Box: (i) a 240 volts AC power lead; (ii) a TV aerial (in & out); (iii) a TalkTalk Modem; and (iv) a TV which you may connect via an HDMI or SCART lead. You agree that you will not attempt to plug anything else into the Set Top Box.
6.14 You must not reverse engineer, de-compile, disassemble, alter, duplicate, copy or modify the Set Top Box (and/or any other related technology or equipment) and / or the Software or conduct any other activity which aims directly or indirectly to study any part of the Set Top Box and / or Software and you must not attempt to do any of the above
6.15 You also must not attempt to reproduce any of the hardware or the design (including without limitation any design of the user interface) in the Set Top Box and / or the Software.
6.16 From time to time we may need to remotely access your Set Top Box so as to diagnose and remedy any fault with it or to update, upgrade, re-install or ‘flash’ the Software on it. We may also need to do the same for any Modem we may supply to you. We will do this at our discretion and cost and you agree to co-operate reasonably in this exercise.
6.17 If you have chosen to have an engineer install your Set Top Box then we or our authorised representatives on our behalf will normally require access to the Premises to do so. You are responsible for ensuring that we, or at our discretion our authorised representatives, are able to access the Premises on the appointed day to deliver and install the Set Top Box. Please note that if you have agreed to a visit from our engineer and the engineer is not able to come onto the Premises for any reason within your control (including without limitation because there is no one present or because it is not safe to do so) or the engineer is unable to gain access to the relevant equipment in the Premises, we will charge you an abortive visit charge. As well as for installation, on reasonable notice we may require you to provide access to the Premises at other times. You also give us and our authorised representatives permission to execute any works at the Premises for, or in connection with, the installation, maintenance, adjustment, repair, alteration, replacement, renewal or removal of the Set Top Box;
6.18 If you are accepted to receive the TV Service and we make an appointment with you for an engineer to visit your home to install the Set Top Box and set up your TV Service, the engineer may need to install certain cabling between your phone socket and Modem and between the Modem and the Set Top Box. If you do not wish to have such cabling installed or if technical or logistical circumstances in your home otherwise require, you may be able to use a ‘Powerline Adapter’ which plugs into an electrical socket and uses the electrical wiring (if of suitable quality) within your home to carry and deliver the Broadband Service between the Modem and the Set Top Box. Powerline Adapters will not be provided as part of the TV Service, but may be purchased from us at your own expense.
6.19 If we have to delay the installation time arranged with you for any reason we shall try to inform you within a reasonable time. However, we shall have no liability in respect of a delayed installation.
6.20 The TV Service will be provided to you with a specified range of TV channels and / or movies that you may view at no extra cost to the monthly subscription charge for your applicable Tariff Plan. We will tell you what inclusive content is available when you join, but we may change this content from time to time at our discretion.
6.21 If you select and view any additional chargeable content (whether on a subscription or pay-per-view basis) you must pay for such content in accordance with clause 17 and/ or clause 18 below (as applicable). Please note that certain chargeable content is subject to a minimum subscription period of not less than one (1) month. We will confirm this with you when you first select such content. If at any time you wish to opt out of any monthly content subscription service you must give us at least 48 (forty eight) hours' notice prior to the end of the 30-day billing period that applies to your TalkTalk account. You can do this via your online account (which can be accessed at talktalk.co.uk/myaccount) or by calling Customer Services on 08700 870 100. Notice received after the monthly cut-off time will be actioned at the end of your next billing period.
6.22 For all chargeable TV content, we shall provide you with a transactional PIN at set up which you will need if you wish to make any such other purchases of content from time to time via the TV Service. It is your responsibility to keep your TalkTalk PIN secret and you accept that you remain responsible for all charges incurred through the use of such PIN. You may re-set your TalkTalk PIN at any time by logging in to ‘My Account’ on the TalkTalk website atwww.talktalk.co.uk or by contacting our customer service team on 0870 444 1820. If you subscribe to any chargeable viewing pack, channel or other bundle of programme content you also acknowledge that we are regrettably unable to guarantee the availability of any such content and it is therefore subject to change. Where any such programme content is withdrawn by a content provider or becomes unavailable, we will try to offer equivalent, similar or alternative programme content to replace it. Where we cannot do this we will tell you and if appropriate reduce or cancel any charge we have made to you for such content. We will otherwise continue to provide all other programme content you have subscribed to and if such content is chargeable you must continue to pay for it as usual.
6.23 You may only record content provided to you via the TV Service using the Set Top Box with the relevant recording facilities. You must not: (i) make unauthorised or unlawful recordings of any programme content provided via the TV Service; (ii) reproduce any recording made using the Set Top Box; (iii) re-distribute or re-broadcast any programme content provided via the TV Service; or (iv) subvert or attempt to subvert any security mechanisms in the Set Top Box or applied to the TV Service or any content provided over such service.
6.24 We shall not be responsible for the loss of any content you may have recorded or have scheduled to record at any time, including without limitation where: (i) you have your Set Top Box repaired or replaced at any time; or (ii) we require you to return your Set Top Box to us for any reason; or (iii) we upgrade the Software on the Set Top Box at any time.
6.25 You acknowledge we are entitled to prevent the copying of any part of the TV Service and to delete or disable playback from your Set Top Box any recordings which may have been made by you lawfully, but which are from channels you no longer subscribe to or any recordings which you have made more than six (6) months previously.
6.26 The quality of programme content provided to you over digital terrestrial television (DTT) and the number of channels, if any, that you may receive via such service is dependent on the quality of the broadcast from your local television transmitter, the quality of your aerial and the availability of Freeview in your area. We are not responsible for this. Although we make reasonable efforts, we cannot guarantee the accuracy or completeness of any interactive content that we provide to you, such as the Electronic Programme Guide. The content provided over our TV Service may not be suitable for viewing or use by persons of all ages. It is therefore your responsibility: (i) to set up and maintain parental controls or other similar such features as may be available via the TV Service; and (ii) to ensure that any content viewed or used is suitable for those viewing or using it (including children). We are not responsible for this.
6.27 If you are a TV Service customer and purchase any of a range of selected full length feature movies and/or television programmes that we may make available for you to purchase through our TV Service on a buy and keep basis ("Buy & Keep Content"), you will continue to be able to access such Buy & Keep Content while:
6.27.2 you continue to be a Customer taking our TV Service;
6.27.3 you continue to have a suitable TalkTalk broadband line in accordance with clause 6.3.2 above;
6.27.3 we are permitted by the rightsholder(s) of the Buy & Keep Content to continue to make your Buy & Keep Content available to you; and
6.27.4 you have a Set Top Box connected to our TV Service.
6.28 We will tell you the price for Buy & Keep Content at the time you submit your purchase request and this price will include VAT. Once you submit a purchase request for Buy & Keep Content you cannot cancel your request from that point. The price of any Buy & Keep Content purchased through a Set Top Box will be charged in full to the TalkTalk account associated with that Set Top Box (eg by entering the TalkTalk PIN registered to that Set Top Box) and that Buy & Keep Content will only be made available to you when payment by you to us has been authorized. We will tell you how this occurs at the time you make your purchase.
6.29 If you purchase any Buy & Keep Content from us you will be able to access and view it an unlimited number of times, subject to these Conditions. You are responsible for the cost of any broadband usage to access and view Buy & Keep Content that you may purchase from us. If at any time we are no longer permitted by the rightsholder(s) of any Buy & Keep Content to continue to make it available we shall use reasonable efforts to make this information available on our website help pages or by other reasonable means. Any Buy & Keep Content you purchase from us will be also shown on your bill in My Account. Additional terms and conditions may also apply in respect of the sale and purchase to you of some Buy & Keep Content and these additional terms and conditions will be as specified on the relevant product detail pages on our TV Service that are associated with such Buy & Keep Content or on other help or informational pages of our TV Service at the time of your payment, which pages we will also tell you about when you select and pay for the relevant content.
6.30 If you have selected and paid us for any Buy & Keep Content, you are granted a non-exclusive, non-transferable, non-sub-licensable, limited right and licence to: (i) stream; and (ii) view, use, and privately display such Buy & Keep Content for Non-Commercial, Private Use on no more than three (3) Authorised Devices, one of which may be a Set Top Box and two of which may be a TV2Go Device. “Non-Commercial, Private Purposes” means that you may not charge or receive any type of fee or consideration of any kind for any viewing of the Buy & Keep Content, whether such viewing takes place in or outside of your private home or premises (e.g., in a hotel room, office, or airport waiting lounge) and provided that all such access and viewing is limited to a private viewing for you and your invitees only. You also may not use Buy & Keep Content for any public presentation (e.g., a presentation in a dorm lounge) or in any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee or other type of consideration is charged for viewing the Buy & Keep Content.
6.31 You may only stream three (3) copies of Buy & Keep Content to your TV Service account at any one time, one stream via the Set Top Box and two (2) streams via the TV2Go Devices, unless we have told you in writing that any further streams are permitted in relation to the particular Buy & Keep Content you have purchased. Our ability to allow you to stream Buy & Keep Content to an Authorised Device is also subject to us being permitted to do so by the relevant rightsholder(s) of the that Buy & Keep Content and subject to your available broadband speed. Please note, Buy & Keep Content is only available in SD on TV2Go Devices, even if you purchase it in HD on the Set Top Box.
6.34 If at any time you, or we, replace your Set Top Box with another compatible Set Top Box, you will be able to continue to access and view Buy & Keep Content you have previously purchased from us provided we are still permitted by the rightsholder(s) of the Buy & Keep Content to continue to make your Buy & Keep Content available to you. Unless we agree otherwise, you may not transfer your Buy & Keep Content to another Set Top Box or TV2GO Device that is not an Authorised Device or from your Customer account to any other Customer account with us or with any of our affiliates. You are responsible for any loss of Buy & Keep Content from an Authorised Device on which you have stored it.
6.35 If you purchase any Buy & Keep Content from us and then subsequently cancel or discontinue your subscription to our Broadband Service and/or our TV Service or if for any reason we suspend or end our TV Service and you are no longer able to access your Buy & Keep Content that you have purchased from us, then we will provide you with ongoing access to such Buy & Keep Content via the blinkbox service to the extent it is available to you and in accordance with the blinkbox terms and conditions at (http://www.blinkbox.com/Info/TermsAndConditions) and provided we are permitted by the rightsholder(s) of the Buy & Keep Content to continue to make your Buy & Keep Content available to you.
6.36 General Restrictions on Buy & Keep Content: Notwithstanding and in addition to the other provisions set out in these Conditions, you must not transfer, copy or display Buy & Keep Content, except as permitted under these Conditions. You also must not and must not attempt to:
6.36.1 sell, rent, lease, redistribute, broadcast, sublicense or otherwise assign any right to the Buy & Keep Content to any third party;
6.36.2 remove any proprietary notices or labels applicable on or in relation to the Buy & Keep Content;
6.36.3 disable, bypass, remove, modify, deactivate, impair, avoid, defeat, or otherwise circumvent any encryption, rights signalling, security measures, copy protection technology or other digital rights management system in which any of the content contained within the Buy & Keep Content is wrapped or which is otherwise incorporated in the Buy & Keep Content or on any Authorised Devices you may use to access and view Buy & Keep Content;
6.36.4 use the TV Service or any Buy & Keep Content for any commercial or illegal purpose;
6.36.5 edit, modify, translate or create derivative works or adaptations of the Buy & Keep Content;
6.36.6 decompile copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the Buy & Keep Content may be stored to a human-readable form; or
6.36.7 duplicate or otherwise reproduce (including but not limited to "burning") the Buy & Keep Content, or any portion thereof, onto any physical medium, memory, device or in any tangible form, including but not limited to CDs, DVDs, VCDs or any other device, including but not limited to any computers or other hardware or other medium now known or hereinafter devised.
6.37 We reserve the right to withdraw any Buy & Keep Content from sale on the TV Service at any time. This will not affect your ability to access and view and Buy & Keep Content that you have already purchase from us, subject to these Conditions. We also reserve the right to change any of these terms & conditions relating to Buy & Keep Content, although we will not change any terms and conditions applicable to any Buy & Keep Content that you have already purchased from us.
6.38 We may refuse any purchase request you make for Buy & Keep Content in our reasonable discretion. We may also after we have accepted any purchase request from you, terminate your contract with us for any Buy & Keep Content you have purchased from us and take reasonable steps to disable or block your further access to such Buy & Keep Content if at any time:
6.38.1 you have not paid us for such Buy & Keep Content; or
6.38.2 you have broken any of these Conditions in relation to Buy & Keep Content; or
6.38.3 you or anyone you authorise to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate.
6.39 We shall not be responsible to you for the loss of Buy & Keep Content arising from:
6.39.1 any fault in a Set Top Box supplied to you by us where such fault occurs because you have failed to take reasonable care of the Set Top Box;
6.39.2 any fault with any other equipment you may use in connection with the purchase, access and / or viewing of Buy & Keep Content;
6.39.3 any fault with any broadband service supplied to you by any third party and which you use to access and view Buy & Keep Content;
6.39.4 any events or matters outside of our reasonable control.
6.40 We aim to provide a continuous, high-quality service, but we do not guarantee either the quality of the TV Service or that it will be available at all times. In particular, you accept that some or all of the services you may receive from TalkTalk (calls, line rental, broadband, TV) may also at times be degraded to some extent for reasons outside our control (eg atmospheric conditions) and not all the features and content of the TalkTalk TV Service will be available. Accordingly, you accept that while we shall try, as soon as reasonably practicable, to fix any errors or faults that may affect either the TV Service or any of your other Services, our only responsibility to you in respect of any such errors or faults will be where you are unable to use any of the Services for more than 24 hours in which case our maximum responsibility to you will be to reimburse such part of the relevant monthly subscription fee for the relevant Tariff Plan as is proportionate to the time during which the affected part of such Services was unavailable for your use. If you purchase and pay for any pay-per-view content and the viewing quality of it is materially affected by any error or fault in our TV Service or Broadband Service then we shall reimburse or credit to your TalkTalk account the charges for such content provided there is reasonable evidence of such degraded viewing quality (for example, this may be where our content distribution logs show that the relevant piece of content only played out for a very limited period of time). Please also note that you must contact us to claim any such credit within thirty (30) days of the date you tried to view the relevant content.
6.41 Any part of the TV Service including, without limitation, programme content and availability of the TV Service is subject to change by us or any relevant third party supplier without notice and we shall not be liable for any failure to transmit any selected programme advertised in any publication or advertisement.6.42 We may improve, modify or otherwise alter any part of the TV Service and any content which is included in your Tariff Plan or available for purchase at extra cost, for any of the following reasons including but not limited to, if the programming or content provided to us by any of our programme providers is altered; if we decide that the TV Service should be altered for reasons of quality of service or otherwise to benefit our customers; if we need to alter the TV Services for technical or regulatory reasons; or if we need to alter the TV Services because capacity is not available to provide certain services.
6.43 To the extent the TV Service is received by you through your TV aerial, the quality and availability of the TV Service will be dependent upon the quality of the broadcast and your TV aerial and the availability of digital terrestrial broadcast services in your area.
6.44 We may from time to time give you instructions or procedures which we believe are necessary for reasons of health, safety or the quality of the TV Service and you agree that any equipment connected to or used with the TV Service will be connected and used in accordance with those instructions or procedures applicable to that equipment.
6.45 Notwithstanding clause 7 below, the TV Service is only intended for home use. You agree to only use the Set Top Box (and/or any other related technology or equipment) and the Software in your home or in such other premises (as we may expressly agree with you) for the purpose of viewing television, movies and any other digital media content that may be delivered to the Set Top Box by TalkTalk or any other content providers. You must not display any programme content in retail, business or commercial premises or for any business or commercial purposes.
6.46 If you move house you may still be able to continue to receive the TV Services, however we reserve the right to charge you a Homemover Fee. If you move home your TV Services will continue until ended in accordance with clause 11.
7.1 You agree not to use the Services:
7.1.1 for business purposes or to sell on or supply the Services to anyone on a commercial basis;
7.1.2 for making calls, sending data, publishing, knowingly receiving, uploading or downloading any data or material which are or may be reasonably deemed to be a nuisance, a hoax, abusive, obscene, racist, defamatory, menacing, indecent (including to the Customer Services operators who deal with enquiries concerning the Service), in breach of confidence, in breach of any intellectual property right (including copyright) or which is otherwise objectionable or unlawful, or you allow others to do these things or is of a nature which if transmitted would constitute a criminal offence;
7.1.3 to do anything (or allow anything to be done) which we think (acting reasonably) may damage or affect the operation of any Network;
7.1.4 to cause annoyance, inconvenience or needless anxiety to any other person, company or organisation;
7.1.5 to send or procure the sending of any unsolicited advertising or promotional material;
7.1.6 for any purpose which we may reasonable notify you of, from time to time, due to the introduction of new legislation or applicable regulations;
7.1.7 as a means of communication, the purpose of which is other than that for which the Service is provided (including without limitation abusive or malicious calls), or which is carried out in an unauthorised way or for fraud or criminal activities;
7.1.8 for purposes of intrusion, or attempts to intrude, into the equipment and systems of any third party, or the mounting of any harassment campaign including Denial of Service Attacks;
7.1.9 in any way which does not comply with instructions given to you by us, our agents or our authorised contractors;
7.1.10 other than in accordance with the acceptable use policies of the Network and (if appropriate) any relevant internet standards; or
7.1.11 via a GSM Gateway.
7.2 You must comply with any instructions we give you about the Service and you acknowledge that we and our agents (including if applicable your Line Rental Provider) may give you instructions from time to time which we (or they) believe are necessary for health, safety or the quality of other telecommunications services provided to you by us or your Line Rental Provider.
7.3 You acknowledge that the Services are provided to other users and we owe a duty to them as a whole to preserve our Network integrity and to avoid Network degradation. If, in our reasonable opinion, we consider it necessary to maintain our Network integrity or prevent Network degradation we may change your Services, (including without limitation, your Transmission Speed if you are a Broadband Service Customer) or manage your use of, or access to our Broadband Service as we see fit in the circumstances. These reasons include but are not limited to, any circumstances where you are running an application or program that places excessive bandwidth demands on the Broadband Service for continued periods.
7.4 In addition to the provisions of clause 7.3, you accept that we may apply limits to your use of any Service that we provide. We may do this for various reasons including, without limitation, if your use of any of the Services is not appropriate or fair or affects (or may affect) other users’ enjoyment of the relevant Service or is significantly different from the usage that we would expect from a typical consumer user. If you exceed any limits which apply to you personally or your Tariff Plan, you should be aware that this could result in us imposing on you:
7.4.1 limits of access to the Services; and/or
7.4.2 reasonable charges for use of our Broadband Service outside of any download and/or upload limits on our Broadband Service; and/or
7.4.3 charges at our normal rates for calls which we regard as being beyond a 'fair' use of our Call Service . We refer to this as our ‘Fair Use’ policy. You can obtain full details of this from Customer Services or by accessing our Website. Furthermore, if the circumstances occur under which we could impose a limit, we may also, at our sole discretion, suspend or terminate your ability to access the Services but we will only do this is if it is reasonable in all the circumstances.
7.5 In addition to the provisions of clauses 7.3 and 7.4, we reserve the right, at any time, to give priority to certain other users of our Network in preference to you. We may do this for various reasons and in various circumstances, which may include, without limitation, times when we offer new technology or products, such as voice over internet protocol (“VOIP”) which increase the demand on our Network.
7.6 If you have registered your account with us, you must tell us promptly in writing if you change your name and address or there are any changes to your payment card arrangements, which may affect your payment of the Charges.7.7 You may be asked if you would like to set up a password for accessing your account in addition to using your online account. It is your responsibility to keep this password safe and not to give it to anyone who you do not want to have access to your account. If you believe that your password security has been compromised, you should change your password. We are not responsible for any loss or damage that may be incurred through unauthorised access to your account.
8.1 We may immediately restrict the provision of the Services to you until further notice without compensation if
8.1.1 we reasonably suspect that you are in breach of these Conditions; or
8.1.2 you are in breach of your obligation to pay the Charges and have not remedied the breach within seven (7) days of you being reminded to pay your bill. You should also note that if you have subscribed for our Call Service and / or our LR Service and fail to meet your payment obligations, your use of your line may be restricted and you will not be able to make incoming and outgoing calls (excluding emergency calls) and if you are on our LLU Network you will not be able to use the Broadband Service; or
8.1.3 we are obliged to comply with an order or request of the UK Government, the emergency services organisation or other competent authority; or
8.1.4 if you owe us any money whether under your Contract for mobile services, the Call Service, the Broadband Service, the TV Service or otherwise; or
8.1.5 exceed your Credit Limit; or
8.1.6 your SIM Card is lost or stolen; or
8.1.7 we have reasonable cause to suspect fraudulent use of a payment card, whether a Credit or Debit Card or otherwise.
8.2 If we suspend the Services under this clause, your Contract will still continue and you shall reimburse us our costs and expenses reasonably incurred in restricting the Services and/or recommencing them. In addition, you must pay all Charges due from you under your Contract incurred prior to the time when your Contract is properly terminated. If we restrict any Service, we will not provide it again until you confirm that you will use the Service only as agreed in this Contract.
8.3 If we exercise the right to restrict (or bar your access to) the Services this shall not affect our right to terminate your Contract under clause 11.
9.1 Nothing in these terms shall exclude or limit our liability for death or personal injury caused by our negligence or that of our agents, or for any liability arising under Part I of the Consumer Protection Act 1987.
9.2 We shall not be liable for any loss that is not reasonably foreseeable nor for any loss calculated by reference to profits, income, or business or loss of such profits, income, or business or for any loss of data or goodwill.
9.3 In transferring you onto our Services and in providing the Services to you thereafter, we have to rely on other Network Operators and other providers of telecommunications services. Accordingly, we do not accept liability for the acts or omissions of Network Operators or other providers of telecommunication services.
9.4 Our aggregate liability, whether in contract or for negligence or breach of statutory duty or otherwise, to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed £5,000 for any one incident or series of related incidents.
9.5 The limitations of liability set out in this clause 9, are in addition to any other provisions limiting our liability set out elsewhere in these Conditions.
9.6 Nothing in these Conditions shall impose any liability on us in respect of non-performance of the Service where the performance claimed is outside the terms of your Contract or where such non-performance is directly due to your acts, omissions, negligence or default.
9.7 The Broadband Service and, if applicable the Mobile Service, allows you to access the internet and you agree that your use of the internet through the Broadband Service or the Mobile Service is at your own risk and subject to all applicable laws. We recommend that you install security software on your PC before accessing the internet. We may offer you anti virus software or other security features as part of your Tariff Plan or as an additional service. Where such anti virus software or other security features are in addition to the standard features of your Tariff Plan we shall be entitled to charge you for its use. We expect any anti virus software or other security features which we provide to you to be effective but we cannot guarantee that it will protect your PC from all harmful or malicious traffic disseminated on the internet. We shall not be liable for any loss or corruption of data or any losses you may suffer arising from your use of (or failure to use) any anti virus software or other security features. You agree that it is your responsibility to protect your PC against viruses and to back up all data to protect against loss or corruption of such data. We shall have no responsibility for any goods, services, information, software or other materials that you use or obtain when using your PC whether offline or online for accessing the internet (including e-mail).
9.8 We do not warrant or guarantee the accuracy or completeness of any Content provided with the Broadband Service, the Mobile Service or the TV Service, including without limitation, any information, sound, data, software or other materials (in whatever form). You agree that any use that you make of any such Content is at your sole risk and is subject to any third party terms and conditions applicable to that Content.
9.9 Although alarm signals can be carried across a Network, we are not responsible for lack of service or failure to deliver an alarm signal due to:
9.9.1 your use of the Services;
9.9.2 a Network going down;
9.9.3 suspension of your account under clause 7;
9.9.4 failure arising from any misuse of the phone line or telephone equipment;
9.9.5 your telephone line being migrated to our LLU Network pursuant to clause 1.20; or
9.9.6 for reasons outside our control (including, without limitation, if there is a technical failure of a Network, because a Network is being tested, modified or maintained or if access to any Network is denied to us).
10.1 Our Charges for providing the Services shall be effective from the Commencement Date applicable for each Service and will be calculated in accordance with your Tariff Plan.
10.2 You must pay all the Charges incurred by you, or any person using any Service, even when such Charges exceed any Credit Limit imposed upon your account.
10.3 Within thirty (30) days of the Commencement Date, we shall prepare and send to you a bill for the Services you have used. Thereafter we shall prepare and send to you a bill at the end of every Billing Period.
10.4 You may choose to receive your bills in paper or electronic form (including accessing your bills online). If you choose to receive your bill in paper format we reserve the right to charge you an additional amount for providing you with this service.
10.5 The LR Service, the Broadband Service (if applicable) and certain charges for the Call Service, the TV Service, Mobile Service and/or the Boost and/or the Fibre Optic Broadband Service will be billed monthly in advance. Monthly charges incurred for periods of less than one month will be calculated on a pro rata basis. Calls made using any Service will be billed in arrears.
10.6 All bills must be paid by way of direct debit to TalkTalk or such other entity as we may notify to you from time to time. We shall collect each bill payment from the bank account you register with us on the payment due date shown on your bill. This date will be on or around the same time each month, unless we otherwise notify you in writing in advance. Unless we expressly agree otherwise, any and all Charges are inclusive of VAT.
10.7 We reserve the right to request that you pay for the Services by Direct Debit and you accept that your Charges may increase if you do not use this payment method. If a direct debit is dishonoured or cancelled we shall be entitled to pass on to you any third party charges we incur and in addition, we may lower your Credit Limit, suspend or terminate your Service. We shall also be entitled to charge you a monthly administration fee for each month in which your direct debit is dishonoured or not reinstated following cancellation.
10.8 Unless you have requested itemised billing (for which we may charge you extra), you will only be advised of the total amount of Charges.
10.9 We may charge you interest both before and after judgement at a rate equal to the greater of 2% above the base rate from time to time of Barclays Bank plc or the statutory minimum allowable on the late payment of our bill. Interest is charged on a per annum basis, calculated daily.
10.10 Where you have entered a Contract to receive any Service from us, your account is limited in any one month to an amount which may either have been set at the time of your application or at any time thereafter while you have a Contract with us ("Credit Limit"). This Credit Limit is subject to the following provisions:
10.10.1 we may, depending on your payment history with us, lower your Credit Limit. On request we may agree to raise your Credit Limit. If you wish to vary your Credit Limit you should telephone Customer Services;
10.10.2 as our billing system is not instantly updated each time you make a call, it is possible to exceed your Credit Limit. The Credit Limit does not act as a bar and you may be able to incur Charges that result in you exceeding your Credit Limit. You will be liable for all Charges, including any in excess of your Credit Limit. You will be asked to pay any Charges in excess of your Credit Limit before Services are reinstated; and
10.10.3 we may suspend your service if your Credit Limit is exceeded and if you exceed your Credit Limit in respect of the Call Service or the Mobile Service, all of your outgoing calls may be diverted to our Customer Services department.
10.11 In addition to setting a Credit Limit, we may ask you to pay a non-interest bearing deposit which we will be able, at any time, to use to pay off any Charges you owe. Any such deposit will be reasonable and will be assessed in the light of your previous TalkTalk bills and credit history. At any time, you may ask for a refund of your deposit but this may result in us reducing your Credit Limit.
10.12 Charges for calls you make using any Service will be calculated using details logged and recorded by us. Calls are charged based on the rate applicable when the call was initiated. Calls will be charged and inclusive allowances deducted in one minute increments (with any part minutes rounded up to the nearest minute) individual charges will then be rounded up to the nearest whole penny. In addition, and notwithstanding the preceding sentence, there is a per call connection charge and the details of these call connection charges appear in our price list which is available on our Website. The call connection charges will include without limitation, any calls made as part of a 'calling circle' but do not include any Mobile Service calls for which there is minimum charge per call (the details of which appear in our price list available on our Website).
10.13 You should also be aware that we may allocate Call Data Records ("CDR's") which have been received late, whether from other Network Operators or otherwise, into the bill for your current Billing Period. Further details of late arriving CDR's are available from Customer Services.
10.14 If your Tariff Plan includes 'inclusive' minutes, which apply to all call types up to a monthly limit, unused inclusive call minutes cannot be carried forward from one month to the next. In this context "monthly" or "month" means your monthly Billing Period, which may not equate to a calendar month.
10.15 If you are a Customer of the Mobile Service the following additional provisions will apply to you:
10.15.1 you may be charged to make or receive certain calls, MMS and SMS messages, data or messages ("Calls") if you are abroad and/or these are premium rated. Such Calls made and/or received may be charged other than in whole penny increments (provided that total Charges will always be rounded up to the nearest whole penny);
10.15.2 Mobile Service Calls which are eligible will generally be set against any 'inclusive' allowances you may have in the order in which such Calls are made, except that Roaming Calls, will be set against 'inclusive' allowances in the month in which the Calls are recorded by us following receipt of the relevant Call records from the foreign Network Operator or clearing house; and
10.15.3 if we advise you of the amount on your Mobile Service account from time to time this is an estimate based on the information we have received from the Network Operator. We are not liable for, and you must pay, the estimated Charges and any Charges that exceed the estimate.
10.16 We shall be entitled to amend our Charges or change the Tariff Plan you are on from time to time and we will notify you of such changes by making the amended list of Charges available on our Website. If Charges are decreased this will be reflected in your next bill. Should we increase the Charges we shall provide you with thirty (30) days' notice of such increase and the increase will take effect from the end of that period. In this instance you may, in accordance with and subject to the provisions of clause 16.1, be entitled to terminate our Services made available under these Conditions. Any changes that may apply to VAT charges from time to time, which may result in an increase or decrease in your Tariff Plan Charges, will not be regarded as a price increase.
10.17 TV Transactional Charges will be invoiced in arrears and in accordance with our records. If you view the relevant programming subject to the TV Transactional Charge then you will be liable to pay the TV Transactional Charge no matter how brief the period of viewing was.
10.18 We may offer Additional Channels which you can choose to purchase for inclusion in the TV Service. You will be notified of any additional Charges payable for the Additional Channels prior to your Order as well as any minimum commitment that may apply.
10.19 Upon termination of any Service for whatever reason all sums outstanding and any cancellation Charges arising as a result shall be treated as a debt and shall become immediately due and payable. For clarity, this includes any charge that we incur from a third party for disconnecting you from a Service.
1.1 If you no longer want to receive one or several of our Services, you must tell us a certain number of days in advance. How many days will depend on which Service(s) you currently take from us. If you receive more than one service (for instance Calls and Broadband), you must also tell us which Services you no longer want. Please note that for certain Tariff Plans offering a bundle of Services you may not cancel part of the Services. For further details please contact Customer Services.
11.2 Some of our Services have a Minimum Period. This means that you are legally obliged to keep receiving our Service until the end of that term. If you leave before the end ofthe Minimum Period, you accept that you have to pay us an additional charge. Please see clause 11.8 about this charge.
11.3 For the LR Service and the Broadband Service, unless we otherwise tell you, the Minimum Period is 12 months. However, if you have taken both of these Services, the Minimum Period may be either 12, 18 or 24 months. We will tell you when you sign up if that applies to you. For Tariff Plans that include the TV Service the Minimum Period will be either 18 or 24 months. We will confirm this with you when you place your Order. Please see the definition of Minimum Period if you would like more information.
11.4 If you wish to cancel a Service, the following will apply:
11.4.1 to end the Call Service, you must tell us in writing 15 days in advance of leaving us.
11.4.2 to end the Broadband Service, the TV Service, Mobile Service or the Fibre Optic Broadband Service you must tell us in writing 30 days in advance of leaving us;
11.4.3 to end a Boost, you need to give us at least 48 (forty eight) hours' notice prior to the end of the 30-day billing period that applies to your TalkTalk account through your online account which can be accessed at talktalk.co.uk/myaccount;
11.4.4 to end the LR Service, you must tell us in writing 30 days in advance of leaving us. However, if you are leaving us to go to another telephone company, we will consider that you have given appropriate notice as soon as we receive notice from your new provider. In other words, you will not be required to give us 30 days written notice in this instance.
11.5 If you wish to end this Contract, you must either call Customer Services or write to us at TalkTalk Telecom Limited, PO Box 360, Southampton, SO30 2LY stating your name, address and TalkTalk landline telephone number, or TalkTalk Mobile Phone number as appropriate. Any legal proceedings that may be issued by you can only be served by sending them to: The Company Secretary, The Group Legal Department, TalkTalk Telecom Limited, 11 Evesham Street, London, W11 4AR.
11.6 If we wish to cancel a Service, the following will apply:
11.6.1 to end the Call Service, we can stop supplying you with our Service if we tell you in writing 7 days in advance.
11.6.2 to end the LR Service, TV Service, Broadband Service, any Boost or the Fibre Optic Broadband Service, we can stop supplying you with our Service if we tell you in writing 30 days in advance.
11.6.3 to end the Mobile Service, we can stop supplying you with our Service if we tell you in writing 2 days in advance.
11.7 We may also cancel or terminate your Contract for the Mobile Service in the following circumstances:
11.7.1 you do not use the SIM Card in any continuous 60 day period in which case we will have the right to disconnect your SIM Card; or
11.7.2 you are in breach of these Conditions; or
11.7.3 there is an emergency or for your security; or
11.7.4 any agreement, giving us access to any part of, or the ability to provide, the Service is suspended or terminated.
11.8 If your Contract has a Minimum Period and you terminate the Service before the end of that Minimum Period you must pay us, as compensation for our losses the relevant amount detailed on our Website at www.talktalk.co.uk/legal/etc.html multiplied by the number of months remaining of your Minimum Period.
11.9 We will not charge you anything if you cancel your LR or Call Service within 10 working days from the date on which you agreed to take those services, except that you must pay us the New Line Fee if you have had a new line to your home installed by us in that time.
11.10 If you have had a new line to your home installed by us and you then cancel your Contract with us before you have paid either the New Line Fee or the Homemover Fee (as applicable), you accept that you must pay us the New Line Fee or the Homemover Fee (as applicable) in addition to any other charges you may be liable to pay to us for any products or services we may have provided to you before you cancelled your Contract. This does not affect your statutory rights.
11.11 If you wish to cancel an Order before the Commencement Date, you also accept that we may charge you a disconnection fee for any work that may have been done at your home or local exchange.
11.12 If you cancel or terminate any Service or change Tariff Plan you accept that we can cancel any other Service that we supply to you by giving you thirty (30) days' notice.
11.13 If you breach your Contract, and we ignore your breach, or if the Service is suspended, we can still end your Contract if you breach it again or if the Service is suspended.
11.14 If at any time BT ceases to provide services to us such that we are unable to continue to provide any of the Services, to you, we may immediately terminate our Contract with you.
11.15 We may terminate your Contract by giving you notice in writing, if: you are in material breach of these Conditions or you give us false credit information; or you are or become bankrupt or enter in to an IVA or similar creditors' agreement.
11.16 If we end your Contract for Call Services under this clause 11, and you are not on our LLU Network, you accept that we can transfer your service either to BT, or back to your original provider without your consent.
11.17 If you end your Service with us, you will be responsible for transferring to another service provider. If you do not do this, you may be left without any telecommunications service.
11.18 If you have accepted any Service on the basis of it being offered by us 'forever', you acknowledge and accept that this can only apply providing that you stay as a Customer and we continue to offer the Service on our Network.
11.19 If at any time either you or us end your Service with us for any reason and you have made any cash, debit or credit card payments in advance for that Service or paid any deposit under clause 10.11, we shall only refund the excess of such payments that remains after settlement of all charges on your TalkTalk account. If we have awarded you any goodwill credits during your Contract, we shall apply those first to any outstanding charges on your account before we send your final bill. However, if your Service is cancelled by you or us and any goodwill credits or any part of them remain after we have accounted for all outstanding charges on your account for that Service, those credits will be cancelled when your Service ends and you will not be paid or be entitled to claim the cash value of any such credits, or to otherwise redeem them or transfer them to any other TalkTalk account holder or to any third party.
12.1 We respect your personal information and undertake to comply with applicable Data Protection legislation in place from time to time. We may hold information that you provide to us (such as by telephone on an application or Order form or registration form) or that we may obtain from another source (such as our suppliers, marketing organisations or credit reference agencies). This information (“Your Information”) may include your name, address, date of birth, gender, telephone numbers, email address, bank and Credit or Debit Card information, occupation and employment data, lifestyle information and details of how you use the Services, which may include for example and without limitation, traffic data related to your use of the Mobile Service or the Call Services including, without limitation, the numbers you call, the type, date, time, location, duration, and cost of calls, messages or other communications, the addresses you send messages to, or your use of the TV Service, such as the amount and type of chargeable content you purchase from time to time or your use of the Broadband Service, such as how long you are on-line, your browsing activities and other general information about the way you pay and manage your account.
12.2 We may share Your Information with: companies within the TalkTalk Group and any company or other entity in which TalkTalk Group owns (directly or indirectly) more than 15% of the issued share capital for the purposes described in these Conditions including, without limitation, its insurance companies); and, in the event that we undergo a re-organisation or are sold to a third party, you agree that Your Information may be transferred to that re-organised entity or third party for the purposes and subject to the terms of these Conditions.
12.3 Your information may be held and used by us for a number of purposes and we may use third parties to support us with purposes which include, without limitation:
12.3.1 processing your Orders or applications; administering your account and billing; settling accounts with those who provide related services to us; disclosing your data to banks and debit and credit card companies to validate your Credit or Debit Card details; dealing with requests, enquiries or complaints and other Customer care related activities; debt recovery (also using recovery agents and agents facilitating contact with you) and legal actions and all other general administrative and business purposes;
12.3.2 carrying out market and product analysis of Your Information to develop and improve and to tell you about TalkTalk Group’s products and services, new developments, special offers, discounts and awards which we believe may be of personal interest to you. We may tell you about these by post or telephone. We may also tell you by email, fax, SMS, MMS, automated telephone call and via world wide web, subject to any preferences indicated by you at the time you apply to enter into this Contract or subsequently;
12.3.3 contacting you about the products and services of carefully selected third parties and allowing you to receive advertising and marketing information fromthose selected third parties but without passing control of Your Information to the third party concerned;
12.3.4 passing on data to organisations from which you have ordered any products and services; registering your details and allocating or offering you rewards, discounts or other benefits and fulfilling any requests or requirements you may have in respect of our and TalkTalk Group’s loyalty or reward programmes and other similar schemes;
12.3.5 inclusion in a telephone directory in printed/electronic format, a telephone directory available on the internet or world wide web and a directory enquiry service operated by us or by a third party but only where you have consented to this;
12.3.6 carrying out any activity or disclosure in connection with a legal, governmental or regulatory requirement on us or in connection with national security, legal proceedings and for the prevention and detection of crime or fraud and the prosecution of offenders or suspected offenders; and/or
12.3.7 carrying out activities connected with the running of our business such as personnel training, quality control, Network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of our business in respect of which you are a Customer or a potential Customer.
12.4 You agree to the disclosure by us of the following information to any telecommunications company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, credit provider or security agency:
12.4.1 any information relating to your Contract with us including details of how you conduct your account and your obligations to us and your personal financial information;
12.4.2 any information which is covered by our registration under the Data Protection Act 1998 as amended from time to time; and
12.4.3 any information which we are required by an order of any court of competent jurisdiction or by statutory authority to disclose.
12.4.4 We may also use the information you supply to carry out credit checks to help decide whether to accept your application or future applications, and to verify your identity and to protect our legitimate interests. This may involve searching information held about you by licensed credit reference agencies who will record details of the search and your application.
12.4.5 We may use a combination of credit scoring and/or automated decision making systems when assessing your application.
12.4.6 If you proceed with an application we may subsequently disclose details to credit reference agencies of your Contract, the payments you make under it, account balances and information about any default, dispute, queries and debts. We may also disclose details of any reported change of address or changes of which we become aware. We may also check and share your details with fraud prevention agencies who will record details of any false or inaccurate information provided by you or where we suspect fraud.
12.4.7 The information may also be used by us, credit reference agencies and other organisations to:
184.108.40.206 help make decisions about other credit applications by you or other members of your household with whom you are linked financially; and
220.127.116.11 trace debtors, recover debts, prevent money laundering and to prevent and detect fraud.
12.4.8 Information held about you by the Credit Reference Agencies may be linked to records relating to your partner. Under certain circumstances, you may be entitled to request that you and your partner are financially independent and your application may then be assessed without reference to any “associated” records, although you recognise that this may adversely affect the outcome of your application. You believe that there is no information relating to your partner that is likely to affect our willingness to offer financial services to you. You authorise us to check the validity of this declaration with credit reference agencies and if we discover any associated records, which would affect the accuracy of this declaration we may decide not to proceed with the application on this basis.
12.4.9 Records held by fraud prevention agencies may also be shared with other organisations to help them make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for you and members of your household.
12.4.10 If you do not become our Customer or if your application is declined we will continue to hold information about you for such period as we determine for the purposes of dealing with enquiries, complying with any legal obligation and for crime and fraud prevention and detection.
12.4.11 You can ask us at any time for details of the credit reference and fraud prevention agencies to whom your information is disclosed and from whom it was obtained however we will not be able to provide you with any information relating to reasons for your failure to pass the credit scoring or automated decision making systems operated by these agencies or other information held by such agencies. If requested we may be able to give you details of the sorts of information we take into account when assessing an application.
12.5 We may also pass your information for any specific purpose to certain third parties (some of which may be based outside of the European Union) where this is necessary or otherwise required or allowed to those who provide products or services that support the Services that we provide, such as our dealers and suppliers; credit reference agencies (unless we have agreed otherwise) who may share your information with other credit and insurance organisations and who may keep a record of the searches we make against your name; if someone else pays your bill, such as your employer, that person; those agencies and organisations involved in the prevention or detection of fraud or crime or the apprehension or prosecution of offenders, including the operators and participants of crime prevention schemes in which we participate who may compare Your Information with information collected from other sources and who may keep a record of the searches we make against your name; and anyone we transfer our business to in respect of which you are a Customer or a potential Customer and they may use and disclose Your Information for the same purposes as us.
12.6 If you wish to use our Services abroad, for example, if you wish to Roam on a Network abroad, it may be necessary to transfer your information outside of the European Union to that country. In addition, our web sites may be based on servers located outside of the European Union. Please note that the data protection and other laws of countries outside the European Union may not protect you as well as those within the European Union.
12.7 You should be aware that if we are requested by the police or any regulatory government authority investigating suspected illegal activities to provide your user information or information concerning your activities whilst using the Service we shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning your use that is deemed by us to be inconsistent with these terms.
12.8 We may disclose to third parties aggregated data related to the use of the Service provided that a single individual is not identifiable in such data. This aggregated and anonymised data may be used by those third parties for their marketing purposes (e.g. to improve their targeting of advertising based on user preferences).
12.10 If you would like us to tell you what information we hold about you, please write to: c/o The Data Protection Office, TalkTalk Telecom Limited, PO Box 390, Southampton, SO30 9AQ.
A £10.00 administration fee will be applicable in the form of a cheque/postal order made payable to TalkTalk Telecoms Ltd. Please quote your full name, address, fixed line or Mobile Phone number (as appropriate) and account number on all requests and supply a suitable form of identification e.g. photocopy of passport, driving licence or recent non TalkTalk brand invoice etc.
You can also call Customer Services to correct or update any inaccurate or incomplete information and to advise us of any preferences you may have concerning how you can be contacted for marketing purposes or to indicate your preferences for directory entries.
12.11 If you do not wish your details to be used for the purposes described in clauses 12.3.2, 12.3.3 and 12.3.4 please write to us at the above address stating your full name, address, account number and phone number. Please note: this will not affect any marketing consent which you have already given to any of the companies referred to in this clause in respect of agreements relating to other products and/or services.
12.12 If you provide us with any information about any other individual, such as another user of our services, it is your responsibility to ensure that that other individual consents to, and is made aware of, the use of their information by us for the purposes set out in this clause.
12.13 Subject to your rights of objection set out in this clause, and your right of objection in the registration process, you agree that you consent to us, TalkTalk Group or third parties contacting you for any of the above purposes whether by telephone, email, MMS, SMS or in writing and you confirm that you do not consider any of the above as being a breach of any of your rights under The Privacy and Electronic Communications (EC Directive) Regulations 2003.
12.14 If you have registered your Mobile Service account with us, we will pass your information to the Mobile Equipment National Database (“MEND”) and the Stolen Equipment National Database (“SEND”) (organisations operated by Recipero Limited, a company registered in England and Wales under Company No. 3794898 and with its registered office at Lawrence House, Lower Bristol Road, Bath BA2 9ET). Passing this information will enable MEND or SEND to contact you in the event that you lose your SIM Card or it is stolen from you. Please contact us at the above address if you do not want your information to be passed to MEND and/or SEND. PLEASE NOTE: Once you have been registered with MEND and SEND, it is your responsibility to ensure that you notify any change of Mobile Phone to MEND and SEND to ensure that there is no interruption of their service to you.
12.15 We may use “cookies” and other software so as to be able to build up a profile of your interests and preferences and this may be used by us to develop and operate the Service.
13.1 Sometimes we are unable to do what we have agreed due to something beyond our reasonable control. If this happens we do not accept responsibility for what has occurred.
14.1 You may not transfer the whole or any part of the Contract without our prior written consent.
14.2 Your Contract may be administered in whole or part by another company within the TalkTalk Group.
We have a customer complaints code which explains the steps you need to take when you want to complain to us about something. You can get a copy from our website (www.talktalk.co.uk) or by calling our customer service team on 0870 444 1820.
16.1 We may change these Conditions at any time for legal, regulatory or commercial reasons. We will notify you of all such changes in writing and/or by publishing them on our Website (www.talktalk.co.uk). To the extent that we believe such changes are to your material detriment we will give you at least thirty (30) days' notice of such changes by writing to you and/or publishing them on our Website or providing them on our Customer Services telephone line by way of a recorded message, or for changes to the Mobile Service sending you an SMS or by posting them on our website for the Mobile Service. If you object to a change that we believe is to your material detriment you may terminate your Contract without charge provided that you notify us in accordance with the provisions of clause 11 and prior to the date that the relevant change is due to take effect.
16.2 The Contract sets out the whole agreement between you and us for the provision of the Services and supersedes all prior agreements between you and us. Neither of us has relied on any representation arrangement understanding or agreement (whether written or oral) not expressly set out in these Conditions. These Conditions also apply if you lend or give your SIM Card to someone else.
16.3 If any particular clause of these Conditions shall be, or be held to be, invalid or shall not apply to the Contract, the other clauses hereof shall continue in full force and effect.
16.4 Any notice which has to be given under these Conditions shall be in writing and shall be deemed to have been given by us if, left at or sent by post to you at the address stated in your application or any other UK address you supply to us for this purpose, or by you to us at the address given on your last monthly bill. Any notice or document shall be deemed to have been delivered immediately (if delivered by hand) or 48 hours after posting (if sent by first class post). References in these Conditions to notices given to you by us “in writing” also include by SMS (which must be sent to your Mobile Phone number) and by email, which must be sent to your email address stated in your application or any other email address that you supply to us for the purpose. Notices given by us by SMS or e-mail shall be deemed to have been delivered the day after the day the notice is sent. For the avoidance of doubt you shall not be entitled to serve any notice on us pursuant to these Conditions by sending an SMS.
16.5 Monitoring or recording of your calls may take place for our business purposes, such as quality control and training, to prevent unauthorised use of our telecommunications systems and to ensure effective systems operation and in order to prevent or detect crime.
16.6 We make every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party Networks over which we have no control and if you are connected to an analogue Network, there is no protection for your communications over the air interface. If you are connected to the digital Network, your communications over the air interface with our systems are encrypted providing a greater level of protection, but even this cannot be guaranteed. For Customers of our Mobile Service, please also read carefully the instructions provided with your SIM Card. Depending upon the manufacturer and model, your Mobile Phone may send information stored on it and receive information to and from certain third parties without your knowledge. If you use your SIM Card to access the internet, please note that the internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to your SIM Card or Mobile Phone and the information stored on your SIM Card or Mobile Phone. These programs may perform actions that you have not authorised, possibly without your knowledge.
16.7 Any calls you make using the Service, whether to Customer Services or otherwise, may be recorded and so you hereby grant us, or our agents, the right to monitor or record your calls, emails or SMS for our lawful business purposes, such as quality control and training, to prevent unauthorised use of our telecommunications systems, to ensure effective systems operation and in order to prevent or detect crime.
16.8 Failure by either you or us to exercise or enforce any right conferred by statute or the Contract shall not be deemed as a waiver of any such rights nor prevent the exercise or enforcement of such rights at a later date.
16.9 Except in the case of any permitted assignment of the Contract, a person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any clause of the Contract.
16.10 These Conditions, and all other legal relationships between us shall be governed by English Law, unless you live in Scotland in which case Scottish Law will govern, and are subject to the exclusive courts of England and Wales, Scotland or Northern Ireland.
1.1 In these Conditions (unless the context otherwise requires):
"Access Code" means the prefix 18418. TalkTalk may alter the Access Code at any time, at our sole discretion or as required by any government agency;
“Additional Channel(s)” means a channel or package of channels provided by us to you in addition to the channels or package of channels provided as part of your original Order;
“Additional Channel Charges” means charges payable by you to us in respect of the provision of Additional Channels;
"Billing Period" means any period in respect of which we bill you from time to time for your use of any of the Services provided to you;
"Boost" means any one or more enhanced feature or enhancement taken in addition to the Broadband Service or the TV Service;
"Broadband Service" means the high speed 'always on' Network access to the internet provided in accordance with the particular type of Tariff Plan chosen by you and supplied to your Premises via either our Network or your BT landline and which is provided in accordance with the terms of your Contract;
"BT" means British Telecommunications Plc, 81 Newgate Street, London EC1A 7AJ and may as the context requires include without limitation 'Open Reach' or any other trading division of BT from time to time;
"Call Service" means the service that we provide to you that allows you ability to make telephone calls in accordance with the terms of your Contract and which, for the avoidance of doubt, may include without limitation International Access. We may provide the Call Service to you using CPS, LLU, WCLI or any other service delivery method available to us from time to time;
"Charges" means our published list of prices as amended from time to time applicable both to our Services in general and your particular Tariff Plan. To obtain a copy please telephone Customer Services or visit our Website;
"Commencement Date" means the date upon which our supply to you of any Service commences, and the relevant Commencement Date for each Service will be as communicated to you by us. This date is not guaranteed but a Customer of the Call Services shall be deemed to be 'active' from 12 midnight on the day before such a Customer's Commencement Date;
"Conditions" means these terms and conditions as amended by us from time to time in accordance with clause 16.1;
"Content" means textual, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through any of the Broadband Service, the Mobile Service or the TV Service including all information supplied by content providers from time to time;
"Contract" means the contract between you and us to pay for and receive one or more of the Services set out in these Conditions (together with such changes and/or other terms as may be notified to you from time to time) and your current Tariff Plan as amended from time to time;
"CPS" means 'Carrier Pre Selection', which is the Network access mechanism that occurs when a particular telecommunications operator, automatically programmes your local telephone exchange to route your calls or traffic over a particular carrier's Network without
your Modem having to be reconfigured or you having to dial additional (prefix) codes on your telephone prior to making a call or using any other telecommunications service;
"Credit or Debit Card" means your nominated credit or debit card, details of which you have provided to us by any means;
"Credit Limit" means any credit limit, which is applied to your account either when you apply for any Service or at any time thereafter and described more fully in clause 10;
"Customer" means any customer who enters a Contract;
"Customer Services" means the customer services facility provided by us for you to report any faults with any Service or make general or account enquiries via 0870 444 1820 (or such other number as may be advised to you by us from time to time) or by e-mail. Customer Services help-line facilities are available in respect of the Call Service, the Broadband Service and the TV Service between the hours of 8am to 8pm Monday to Friday, 9am to 6pm on Saturdays and 10am to 5pm on Sundays. If you call Customer Services from your Call Service fixed line telephone number, which is registered with TalkTalk, such calls will be free, all calls made to Customer Services from other numbers will be charged at national rates. Calls to Customer Services may be monitored;
"Denial of Service Attacks" means any attacks to the Network on which the Broadband Service is provided or any other third party's Network, the purpose of which are to attempt to prevent legitimate users from using or enjoying the benefit of the Broadband Service or any other similar service (as the case may be), including but not limited to, attempts to 'flood' the Network or to disrupt users from connecting to, accessing or using the Broadband Service;
"GPRS" means general packet radio service;
"GSM" means the Network known as the Global System for Mobile Communications;
"GSM Gateway" means a fixed device containing one or more SIM Cards which enables a call from a fixed phone to a Mobile Phone to be routed directly into a mobile Network as if it were from a Mobile Phone and thereby attract a different call rate;
"Homemover Fee" means the fee published on our Website and which may be payable if you move house and wish to continue to receive the Service(s) at your new address;
"IDA" means indirect access which is a fixed line telephony product which allows a customer to access special call rates by first dialling a prefix immediately before making a call;
"Inclusive Calls to TalkTalk Customers" means those calls made in the United Kingdom only by Customers who have been notified that they are eligible to benefit from Inclusive Calls to TalkTalk Customers and which are:
- between Customers of our Call Services from their fixed line telephone number which is registered with us; or
- to a TalkTalk mobile SIM Card number from a registered number of a Customer of our Call Service; or
- from a TalkTalk mobile SIM Card number to registered number of a Customer of our Call Service;
and which, if made in accordance with clauses 3.4 or 5.17 as applicable, will not cause you to incur Charges. For the avoidance of doubt, Inclusive Calls to TalkTalk Customers do not include any calls between customers using Mobile Phones whether such calls are made on the TalkTalk mobile Network or any other mobile Network;
"International Access" means calls to international telephone numbers via our Network which may be made by dialling the Access Code prior to dialling the international telephone number that you wish to call. A list of the countries which may be called via the Access Code and the charges (if any) applicable to such calls is listed on our website at: www.talktalk.co.uk or is available from Customer Services or by email.
"internet" means the global data Network comprising numerous interconnected Networks communicating via a telecommunications system as defined in Section 4(1) of the Telecommunications Act 1984 or by such other methods as may from time to time
be developed, invented or discovered, commonly known as the internet;
"Line Rental Provider" means the service provider, such as us or BT, who rents to you the fixed telephone line that you use to receive the Services;
"LLU" means Local Loop Unbundling which is a technology that allows alternative telecommunications companies to put their own equipment onto the end of a consumer's copper local loop and own the connections for the local exchange instead of BT, so as to offer services in competition with BT;
"LR" means line rental;
"LR Service" means the LR service provided to you by us, which allows you to obtain from us the telephone line(s) on which you make your calls or connect to the internet. We may provide the LR service to you using either wholesale line rental or LLU;
"Minimum Period" means the minimum period that applies to your Contract, which will depend on the Tariff Plan you select at the time you place your Order. The following minimum periods apply:
(i) For any Customer who:
a. transfers their existing telephone line to our non-LLU LR Service; or
b. enters a Contract for the non-LLU Broadband Service only; or
c. enters a Contract for a new line installed for the non-LLU LR Service;
the minimum period is twelve (12) months from the Commencement Date of any such Service.
(ii) For any Customer who either:
a. transfers their existing telephone line to our LLU LR Service; or
b. enters a Contract for the LLU Broadband Service only; or
c. enters a Contract for a new line installed for the LLU LR Service;
the minimum period is either twelve (12), eighteen (18) or twenty-four (24) months from the Commencement Date of any such Service, depending on your Tariff Plan. We will confirm what minimum period applies to your Contract during your registration process.
(iii) For any Customer who enters into a Contract (or upgrades an existing Contract) for certain products that we offer (which may include, without limitation, our combined products i.e. any product (whether supplied through LLU or not) under which you receive our LR Service, our Call Service, our Broadband Service and our TV Service), your Contract will have a minimum period of either twelve (12), eighteen (18) or twenty-four (24) months from the Commencement Date of your connection to the Call Service element of that product or from the date of your upgrade, depending on your Tariff Plan. We will confirm what minimum period applies to your Contract during your registration process.
(iv) For any Customer who has a Contract under (iii) above and who chooses to take the Fibre Optic Broadband Service you will enter in to a new Contract which will have a minimum period of either twelve (12), eighteen (18) or twenty-four (24) months from the Commencement Date of your connection to the Fibre Optic Broadband Service. We will confirm what minimum period applies to your Contract during your registration process.
"MMS" means Multimedia Messaging Service that allows a user to send limited volume multimedia messages to other mobile users;
"Mobile Phone" means a cellular telephone or similar communication equipment which can be used for making and/or receiving calls;
"Mobile Service" means an airtime service which we have been providing to you since before 1 April 2007 and which enables you to make or receive calls and to send and receive data by means of the Network, including, without limitation, the ability to access information from the internet and any additional services we agree to provide to you pursuant your Contract;
"Modem" means the high-speed modem or wireless router and/or the fibre optic enabled high speed modem together with any ancillary equipment (which may include microfilters, wireless USB adapters and other peripheral equipment) that we, or our authorised distributors, may sell or supply to you when you subscribe to the Broadband Service or the Fibre Optic Broadband Service that enables you to connect your personal computer ("PC") to any Network
"Network" means as the context requires either the public switched telecommunications, internet protocol packet Network and/or a wireless telegraphy link by means of a cellular radio system operated by a Network Operator;
"Network Operator" means, as the context requires TalkTalk Communications, BT or such other company or companies from time to time that operate a fixed line or mobile Network or 'virtual' Network, which can be accessed for communication purposes;
"Order" means any order that you submit to us for any of the Services;
"Ofcom" means the Office of Communications;
"TalkTalk Communications" means TalkTalk Communications Limited (registered in England under company number 3849133) of Stanford House, Garrett Field, Birchwood, Warrington WA3 7BH;
"Premises" means the UK premises where we agree we shall provide you with the Service(s);
"Pre Pay" means where a Customer pays for their use of the Service in advance;
"Service(s)" means, as the context requires, any of: the LR Service; the Call Service; the Broadband Service; the Mobile Service; the TV Service; a Boost, the Fibre Optic Broadband Service or any other telecommunications services that we may provide to you pursuant your Contract;
“Set Top Box” means the set top box and any ancillary equipment that we, or our authorised distributors, may sell or supply to you when you subscribe to the TV Service that enables you to view programming and content as part of the TV Service;
"SIM Card" means the subscriber identity module card being a unique chip card, which you need to access and use the Mobile Service;
"SMS" means short messaging service that allows a user to send short text messages to other mobile users;
"TalkTalk", "we", "us", "our" means TalkTalk Telecom Limited (trading as TalkTalk) (registered in England under Company Number 4633015) of 11 Evesham Street, London W11 4AR;
"TalkTalk Group" means TalkTalk Telecom Group Plc (company number 7105891) and any other company or entity in which such company owns (directly or indirectly) more than 15% of the issued share capital, including without limitation, TalkTalk Communications, TalkTalk and Tiscali UK Limited (trading as TalkTalk);
"Tariff" means the tariff setting out our list of Charges for any of the Services we offer from time to time, copies of which are available at our Website or by contacting Customer Services. Although we are able to launch new TalkTalk products and/or alter our Tariffs at any time, if we make an alteration to your existing Tariff (but not if we simply launch a new Tariff), which has a material detrimental effect on you, the provisions of clause 16.1 may apply;
"Tariff Plan" means the monthly Tariff (that may include some elements which are not chargeable) which you select for the Services at the time you place your Order and which you may change from time to time by agreement with us and where we agree, such change to take effect at the start of your next Billing Period;
"Technical Support Helpline" means the Broadband Service technical support telephone helpline available via 09067 112 211 (or such other number as we may advise from time to time) between the hours of 8am and 10pm, Monday to Sunday (except certain public holidays). All calls may be monitored. This technical support help line is specific for the Broadband Service only;
"Top-Up" means an increase by a Customer in the amount of access they can receive to the airtime provided by the relevant Network Operator. A Customer may 'Top Up' their ability to access and use the Mobile Service by all the usual methods, including without limitation, swiping a Credit or Debit Card at an appropriate terminal or by calling an appropriate telephone number the details of which are available from Customer Services. You should call Customer Services on 08700 870 100 if you require any further information;
"Transmission Speed" means the rate in either thousands of bits per second ("Kbps") or millions of bits per second ("Mbps") that data is transferred between two modems. Your transmission speed is that specified in your Tariff Plan;
“TV Services” means the provision of television programming and other content via digital terrestrial television or any internet protocol television platform such as YouView;
“TV Transaction” means the purchase of TV Service content on an individual non recurring basis;
“TV Transaction Charge” means the single non recurring Charge payable by you to us in respect of a TV Transaction;
"WCLI" means the method of delivering our Call Service known as 'Wholesale Calls Line Independent', which involves the use of third party networks to deliver calls made by you through the Call Service;
"Website" means the website for the TalkTalk business currently located at url: www.talktalk.co.uk; and "you" and "your" means the person named in the application process and/or, where the context requires, it includes a person we reasonably believe is acting on that person's authority. Words in the singular shall include the plural and vice versa and references to legal persons shall include natural persons and vice versa. The headings in these conditions are intended for reference only and shall not affect their construction.