These terms and conditions set out how we, Tiscali UK Limited (a company registered in England and Wales under company number 03408171 and VAT registration number GB744032068 and whose registered office is at 11 Evesham Street, London, W11 4AR) will provide the Services, to you.
The Additional Terms and Conditions form a part of these terms and conditions. We strongly advise that you read the Additional Terms and Conditions and these are available by clicking the hyperlinks below and through our Website:
Any specific terms, conditions, instructions or service limits relating to the Services that you chose in your Tiscali Package will be treated as part of these terms and conditions
We may vary these terms and conditions from time to time. We will notify you of any changes in writing or by publishing them on our Website. We ask you to check this page periodically. Your continued use of the Services following the posting of changes to these terms and conditions will mean you accept those changes. To the extent any change we may make to these terms and conditions is to your material detriment or relates to an increase in the charges: (i) we will give you at least thirty (30) days notice by writing to you and/or publishing the change on our Website or providing details of it on our Customer Services telephone line by way of a recorded message; (ii) the change will not take effect until the end of the thirty (30) day notice period; (iii) you may end your contract with us by giving us not less than ten (10) days notice in writing within ten (10) days of our notification to you of the relevant change.
1.1 Our Website contains content that is protected by copyright, trademarks and other intellectual property rights. Unless otherwise specifically stated, you must not and must not allow anyone else to copy, store, modify, transmit distribute, publish, broadcast or otherwise use any such content except as necessary for the normal use and enjoyment of our Website .
1.2 You are solely responsible for evaluating the accuracy and completeness of any content appearing on our Website. We do not make any representations or warranties in relation to the content appearing on our Website. In particular, we do not make any representations or warranties regarding the accuracy, timeliness or completeness of the content. We will not be responsible for any loss or damage caused by relying on the content contained in our Website.
1.3 The content on our Website may include programs, data, information, graphics, music and video. Please note that the content, design, layout or any other feature of our Website may change from time to time due to editorial, rights clearance, non-availability or other considerations.
1.4 You are also solely responsible for evaluating the integrity of any goods and services offered for sale on our Website either by us or by one of our third party affiliates. We will not be held responsible in any way for any transaction entered into between Tiscali Members and third parties offering goods or services on our Website.
1.5 There may be additional terms and conditions which you will need to agree to in order to receive certain content on our Website or to purchase certain goods and services. These may be our own terms and conditions or those of third parties and will not affect these terms and conditions.
1.6 Your use of the Internet it is at your own risk and is subject to any applicable laws and regulations.
2.1 You must show on your Application which Services and, specifically, which Tiscali Package you want to receive. You can find details of our current Tiscali Packages on our Website. We can change, suspend or withdraw any of our Services and Tiscali Packages at any time. Details will be posted on our Website from time to time.
2.2 If we believe it necessary, we will carry out a credit reference check against your name before deciding whether to accept your Application. Where your record is searched using a credit reference agency, the credit reference agency will add to your record details of our search and your application and this will be seen by other organisations that make searches to help make decisions about credit for you and members of your household. Please let us know if you require details of the credit reference agencies from whom we obtain and to whom we pass information about you.
2.3 We reserve the right to refuse your Application in our sole and absolute discretion.
2.4 Unless otherwise indicated in your Tiscali Package, you must have a BT or other non-cable telephone line to receive the Services. We do not provide the Services across cable operator telephone lines. We will check you have a BT or other non-cable telephone line by carrying out a test on the telephone number that you have given to us on your Application.
2.5 When we have accepted your Application, we will provide you with those of the following Services as specified in your Application:
2.5.1 Broadband Services;
2.5.2 Dial Up Internet Services
2.5.3 Telephone Services; and/or
2.5.4 TV Services.
2.6 The Services will be provided to you at the Installation Address.
2.7 Our provision of Services may be subject to a Minimum Contract Period. Confirmation of the Minimum Contract Period applicable to your Tiscali Package will be set out in your Welcome Pack or notified to you when you make your Application.
2.8 It is your responsibility to ensure that you are not in breach of any terms and conditions or minimum contract period you have agreed with any other Service Provider by subscribing to the Services and you acknowledge that you will be responsible for any charges or fees you may incur from your old Service Provider.
2.9 You represent to us that:
2.9.1 you are at least 18 years old; which is the minimum age requirement for you to apply for any of the Services;
2.9.2 all details contained on your Application are true, accurate and complete;
2.9.3 you are the Line Rental Account Holder or have obtained all relevant permissions and consents from the Line Rental Account Holder which are necessary to enable you comply with your obligations under these terms and conditions;
2.9.4 you are the current occupier at the Installation Address or, if your postal address is different from the Installation Address, that you have obtained all relevant permissions and consents from the occupier of the Installation Address which are necessary to enable you to comply with your obligations under these terms and conditions; and
2.9.5 you are (i) the freeholder of the Installation Address; or (ii) the tenant with a lease for a term of one year or more of the Installation Address; or (iii) have obtained all relevant permissions and consents from the freeholder or such tenant as the case may be of the Installation Address which are necessary to enable you to comply with your obligations under these terms and conditions.
2.10 When we have accepted your Application to subscribe to the Broadband Services, we will use reasonable endeavours to provide the Broadband Services to you by the Go-Live Date but do not guarantee this. We will use reasonable endeavours to contact you if there is a delay. Dial Up Internet Services
2.11 We will use reasonable endeavours to provide the Dial Up Internet Services to you from the date on which we accept your Application. Telephone Services
2.12 When we have accepted your Application for the Telephone Services, we will pass your request to the relevant Service Provider for it to process as soon as possible. When we receive the relevant Service Provider's acceptance of your request, and subject to our acceptance of your Application, we will send you a Welcome Pack and separate written confirmation of the Go-Live Date. We will use reasonable endeavours to provide the Telephone Services to you by the Go-Live Date but do not guarantee this. We will use reasonable endeavours to contact you if there is a delay.
2.13 You can request any Line Features you require in your Application. Wherever possible, we will endeavour to provide those Line Features requested. Please be aware that some Line Features may not be available if your Telephone Services are provided on our LLU Network. Call barring facilities will be available in our sole and absolute discretion. TV Services
2.14 When we have accepted your Application to subscribe to the TV Services, we will use reasonable endeavours to arrange for installation of the Equipment at the Installation Address and provision of the TV Services to you by the Go-Live Date. We will use reasonable endeavours to provide the TV Services to you by the Go-Live Date, but do not guarantee this. We will use reasonable endeavours to contact you if there is a delay.
2.15 You will be required to sign a separate agreement with us for the hire of the Equipment relating to the TV Services. This agreement is available on our website and will be provided to you on or before installation of the Equipment,
2.16 We, or at our discretion BT, will normally require access to the Installation Address during our normal working hours. However, on reasonable notice, we may require you to provide access at other times. You are responsible for ensuring that we, or at our discretion BT, are able to access the Installation Address on the appointed day to deliver and install the Equipment. If we, or BT on our behalf, are unable to install the Equipment at the Installation Address for technical or operational reasons, such as the distance of the Installation Address from the local telephone exchange, we will promptly reimburse any payment in respect of installation that you have paid to us and your contract with us will automatically end and neither of us will have any further liability to the other. We cannot accept liability for any inconvenience caused by a delayed Installation Date, including lost wages or holiday opportunities.
2.17 In the event that we, our contractors, or BT on our behalf, are unable to supply the TV Services at the Installation Address for technical or operational reasons, such as the distance of the Installation Address from the local telephone exchange, we will, if available, offer you an alternative TV Service offering and pricing option, which, if you decide to accept, will be supplied on these terms and conditions, subject to any variations we inform you about at the time of accepting the alternative TV Service. If we are unable to offer you an acceptable alternative TV Service, your contract with us for the TV Services will automatically end and subject to us returning any advance payments to you that you may have made, neither of us will have any further liability in respect of TV Services to the other.
3.1 We will provide the Services from the Go-Live Date until either you or we end this contract in the way set out in these terms and conditions (subject to any relevant Minimum Contract Period).
3.2 We will use reasonable skill and care when we provide the Services to you.
3.3 We do not guarantee that the Services will be fault free or available at any particular time or continuously. You accept that BT does some programming and engineering work at your local phone exchange so that you can receive the Services. We do not accept any responsibility for errors or delays caused by BT while they are carrying out any set-up or ongoing programming or call-routing work that affects the Services, or for any acts or omissions of other Service Providers, third party service or equipment suppliers that impact on our ability to provide the Services.
3.4 In certain limited circumstances, we may not be able to provide you with the Services for technical reasons. If this happens we will use reasonable endeavours to let you know promptly.
3.5 We may suspend the Services from time to time without notice to you where it is necessary for us to do so for operational reasons such as repair, maintenance, improvement or emergency. We will restore the Services to you as soon as possible. Broadband
3.6 You accept and acknowledge that the Broadband Services, as with other Internet applications, are not secure and we do not guarantee the prevention or detection of any unauthorised attempts to access the Broadband Services or your computer. It is your responsibility to protect your computer from computer viruses, adware, spyware, and malware by installing and updating adequate anti-virus and security software.
3.7 We will use reasonable endeavours to provide the Broadband Services to you at the speed you have requested, however we cannot always guarantee this. The speed of your connection and download times may be slower depending on the length of any telephone extension cables at the Installation Address, the distance the Installation Address is from the telephone exchange, the speed and quality of your router and modem, and congestion on our Network or the Internet.
3.8 With the intention of ensuring our Network performs consistently in all locations across our Network and at all times of the day, we reserve the right to manage internet applications across the Broadband Services at our discretion as we see fit. This may include, but is not limited to, prioritising web traffic and email over file sharing activities during times of high congestion.
3.9 From time to time, we may provide you with additional services to compliment your Broadband Services such as videomail, securemail and SMS. These other services will be provided to you under a separate contract and will not affect this contract unless expressly stated. Dial Up Internet Services
3.10 We may, for operational or other reasons, change any codes or the numbers allocated to you or the specification of the Dial Up Internet Services. We may also modify or update the Dial Up Internet Services. Any such changes will not materially affect the Dial Up Internet Services.
3.11 We may, at our sole discretion, implement an automatic cut-off to interrupt your internet session after a fixed period of time (for example 2-3 hours). The purpose of the automatic cut-off is to maximise the performance of the Dial Up Internet Services for all users. If your internet session is interrupted by the automatic cut-off, you may immediately reconnect to the Dial Up Internet Services. There is no limit on the number of times you can connect to the Dial Up Internet Services.
3.12 If you have subscribed to the Anytime flat rate as part of your Tiscali Package, you acknowledge that this product is not intended to be provided on an "always on" basis. Tiscali reserves the right to transfer your Dial Up Internet Services to our "Pay As You Go" product or to suspend your Dial Up Internet Services at its sole discretion in the event that the usage of your Anytime account exceeds 150 hours over any calendar month. Tiscali will contact you by email at least 10 days prior to any such action being taken to allow you the opportunity to reduce your usage of the Dial Up Internet Services to the permitted 150 hours. Telephone Services
3.13 If you receive our Telephone Services, we reserve the right to restrict your access to other Networks and route all telephone calls through our Network. This includes calls dialed commencing with the prefix 1 (including for example the prefixes 132 and 1280).prefixes.
3.14 We will use reasonable endeavours to transfer your existing UK geographic number starting 01 or 02 on the Go-Live Date. There may be a short outage during or after the Go-Live Date during which you may not be able to receive incoming calls or make outgoing calls on this number.
3.15 If at any time we choose to provide your Tiscali Line Rental Service using LLU, you may experience a short outage during migration to LLU. We will write to you prior to any migration to advise you of the date of this short outage. The Tiscali Line Rental Service you receive after such migration will be broadly the same as prior to the transfer.
3.16 The Tiscali Call Service, may be provided by routing your phone calls to our Network at your local BT telephone exchange (also known as "Carrier Pre-Selection" or "CPS"). All calls (except calls to emergency services, operator assistance and flat-rate internet dial-up numbers) will then be routed to our Network automatically. Alternatively, we may choose to provide the Tiscali Call Service using LLU. This will not affect provision of the Tiscali Call Service to you.
3.17 We reserve the right to make Additional Charges for any additional services (including Line Features) you request, and further details can be found on our Website.
3.18 If you have previously registered for the Telephone Preference Service (TPS) as part of BT Privacy™, and would like this service to continue, we advise you to register for this service again at www.tpsonline.org.uk.
3.19 If you wish to be listed in BT's telephone book, please note that we can only support standard residential entries being surname plus your first initial. You may be asked whether you want a listing within your Application, in which case we will automatically take these from your Application, or we may choose to carry across your standard residential listing.
3.20 We do not provide copies of the BT telephone book for your local area. You should however be provided with a free annual copy of your local telephone book by BT. Tiscali is not responsible for the delivery of the BT telephone book, and cannot supply additional copies. TV Services
3.21 Any part of the TV Services including, without limitation, programme content and availability of the TV Services 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.
3.22 We may improve, modify or otherwise alter any of the TV Services and their content, for any of the following reasons including if the programming or content provided to us by any of our programme providers is altered; if we decide that the TV Services 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. We will give you notice of any changes to the TV Services as soon as reasonably possible.
3.23 You may add to or reduce the number of TV Services you receive from us by contacting us at any time during your contract with us provided that you agree to subscribe at least to the lowest priced Tiscali Package containing TV Services at all times during your Minimum Contract Period for TV Services.
3.24 If we provide any extra TV Services to you, you agree to accept those TV Services for at least the minimum period notified to you by us.
3.25 To the extent that any of the TV Services are received by you through your TV aerial the quality and availability of those TV Services will be dependent upon the quality of the broadcast and your television aerial and the availability of digital terrestrial broadcast services in your area. We are not responsible for this.
4.1 You authorise us for the term of your contract with us to act on your behalf and appoint us as your agent in all dealings with BT or any other Service Provider in connection with the provision of the Services to you and you consent to BT or any other Service Provider providing us with your personal data and other relevant information to enable us to provide the Services to you.
4.2 You represent to us that you will inform us:
4.2.1 if you are planning to move or if you move from the Installation Address during this contract;
4.2.2 if your Service Number changes; and
4.2.3 if there are other changes to the information you supplied to us when you registered for the Services.
4.2.4 Broadband Services
4.3 You must cancel any other broadband service supplied by another service provider through the BT or other non-cable telephone line that you wish to use to receive the Broadband Services and your BT or other non-cable telephone landline at the Installation Address must be clear of your former service provider's broadband service.
4.4 You must have a suitable computer and compatible cables from your telephone socket to your modem and computer. The minimum specifications are set out on our Website.
4.5 If we provide software to you to enable you to use the Broadband Services on a CD or where you download the software from the Internet, we agree to your use of the software on the basis that you use it solely for the purpose of receiving the Broadband Services and you must not make additional copies or modify our software in any way without our permission. We may from time to time offer you updates to the software that we provide to you. You are solely responsible for the installation of any such updates. Telephone Services
4.6 You agree, for the Minimum Contract Period and thereafter for as long as you wish to receive Tiscali Line Rental, to take a Tiscali Call Service on the same Service Number. TV Services
4.7 If you are subscribing to the TV Services, you further represent that you are entitled to subscribe to the TV Services and to have the Equipment installed at the Installation Address.
4.8 You agree, for the Minimum Contract Period and thereafter for as long as you wish to receive the TV Services, to remain a Tiscali Broadband Subscriber, to maintain in full working order a BT, Tiscali Line Rental or other non-cable telephone line, a secure electricity power supply and an appropriate television receiver at the Installation Address each as required for the reception and use of the TV Services. We shall not be liable for any interruption in the TV Services or failure to provide the TV Services in the event that you fail to maintain any of the foregoing or in the event of any malfunction in any of the foregoing.
4.9 In the event that you order any additional equipment from us for installation at the Installation Address, you or someone over the age of 18 authorised by you must be present, and must ensure that our installation engineer has access to the Installation Address to install such additional equipment at the appointed time. If we are unable to install the additional equipment at the Installation Address for technical or operational reasons and we are unable to offer you a suitable alternative connection to the TV Services, we will promptly reimburse you with any fees already paid by you in respect of such additional equipment.
4.10 You give us, our contractors or, at our direction, BT permission to:
4.10.1 execute any works at the property comprised in the Installation Address for, or in connection with, the installation, maintenance, adjustment, repair, alteration, replacement, renewal or removal of the Equipment;
4.10.2 keep the Equipment installed at the Installation Address; and
4.10.3 enter the Installation Address on reasonable notice to inspect and/or maintain any Equipment kept at the Installation Address or elsewhere for the purpose of the TV Services provided by us.
4.11 Any person with apparent authority at the Installation Address who grants entry to us will be regarded as acting with your authority and consent.
4.12 You shall procure all permissions, licences, consents and approvals necessary to enable us to deliver, install and keep installed the Equipment at the Installation Address.
4.13 You will check with us before you install any products which may be Incompatible Products as this will affect delivery of the TV Services.
5.1 You are responsible for all call charges that you incur whilst making calls to Customer Services. Broadband Services
5.2 We will provide you with support for the Broadband Services and any modem that we have supplied to you.
5.3 If a fault does occur, you can report the fault by telephone, email or in writing to Customer Services. Once you have reported a fault to us, we will endeavour to resolve the fault as quickly and efficiently as we are able in the circumstances.
5.4 Where there is a fault which affects our customers as a whole or where the Broadband Services become generally unavailable, we will tell you by up dating the service status message on our Website as soon as we are able.
5.5 We are not responsible to you and do not provide support for computer equipment, software and cables that we did not supply to you. We will not reimburse you for the costs of any support that you obtain from elsewhere. Telephone Services
5.6 All suspected faults with Tiscali Line Rental must be reported to Customer Services and not to BT.
†5.7 In accordance with industry practise 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.
5.8 You can report any fault with the Tiscali Call Services by email or in writing to Customer Services. You acknowledge that if you do not have a contract with us for Tiscali Line Rental, Tiscali is not liable for any faults with your telephone line. You must contact your telephone line Service Provider, who should repair and maintain the telephone line in accordance with the terms and conditions of your contract with them TV Services
5.9 You are responsible for the repair and maintenance of your apparatus (to which the Equipment may or may not be connected) and we shall not be liable for any loss or impairment to the TV Services or damage to the Equipment due in whole or part to a malfunction or defect in any apparatus not forming part of the Equipment.
5.10 We, our contractors, or BT acting on our behalf, shall provide such maintenance and/or repair services as are, in our sole opinion, required to provide or improve the TV Services.
5.11 If any Equipment or the TV Services are not performing properly, you can report the fault by telephone, email or in writing to Customer Services.
5.12 Any fault repairs will be provided during the hours of 8.00am to 5.00pm Monday to Friday, excluding public holidays and you or someone over the age of 18 authorised by you must be present.
5.13 You will not normally be charged for fault repairs if we are responsible for them as set out above. However, you will be charged for engineer call outs and labour charges if:
5.13.1 the fault is determined by the engineer to have been caused by you or your own apparatus, including but not limited to damage to wiring belonging to you, or by your telephone; or
5.13.2 an engineer is unable to gain access to the Installation Address at the time agreed with you, or if the engineer's visit is cancelled by you after it has been requested.
6.1 You agree to use the Services in line with these terms and conditions and also in line with all relevant laws, regulations and licences as may be amended from time to time.
6.2 The Services are only to be used by you for private use for residential purposes. You must not use them for business or commercial purposes, or resell or supply the Services to anyone else.
6.3 We reserve the right to monitor your usage of the Services to check whether or not it is what we would expect for Private Use. If, following such checks, we believe in our reasonable opinion that the Services are not being used for Private Use, we reserve the right to do any of the following having given you notice of our intention to do so:
6.3.1 suspend or cancel your Services in accordance with clause 12.3.1 below;
6.3.2 change your Tiscali Package to another Tiscali Package of our choosing, which might not include any inclusive calls you may have; and/or
6.3.3 recalculate the portion of your invoice which we deem not to relate to Private Use in accordance with another Tiscali Package of our choosing, and you agree to pay applicable additional Charges for such recalculated portion of your invoice.
6.4 You agree not to use the Services:
6.4.1 to transmit or receive any material (including making telephone calls) that may be considered illegal, defamatory, offensive, racist, obscene, indecent, menacing (including when talking to our Customer Services agents) or allowing someone else to do these things, or connected with any criminal offence;
6.4.2 to do anything, or allow anything to be done, which could damage our Network;
6.4.3 to do anything, or allow anything to be done, which constitutes a violation or infringement of the rights of any person (including rights to copyright or confidentiality) or a violation or infringement of any duty or obligation to any third party;
6.4.4 to do anything which causes inconvenience or distress to any third party;
6.4.5 for any marketing purposes or their procurement; or
6.4.6 for fraudulent or criminal activities.
6.5 You agree that you will not tamper with your telephone line or otherwise do anything which may cause damage to it.
6.6 We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which we incur as a direct result of the misuse use of the Services either by yourself or by someone you have knowingly allowed to use the Services we provide to you. Broadband Services and Dial Up Internet Services
6.7 In using the Broadband Services or Dial Up Internet Services (as applicable), you must comply with:
6.7.1 our Acceptable Use Policy both in letter and spirit and you must also take reasonable steps to ensure that other persons using the Broadband Services or Dial Up Internet Services that we provide to you also comply with this policy; and
6.7.2 our Fair Usage Policy; we reserve the right to manage or regulate your usage in accordance with the Fair Usage Policy as amended from time to time.
6.8 Your websites:
6.8.1 As part of the Broadband Services and Dial Up Internet Services we provide to you, you may set up your own web sites. You will be able to select a web site name. For example; http//:myweb.tiscali.co.uk/yourname. You will be responsible for any material that you or anyone else places on your web sites.
6.8.2 We may remove any website you have created if your website does not contain an index file (index.htm or index.html) in the root directory of your homepage or you have not accessed your website for more than 3 months.
6.8.3 You must ensure that you are the owner of, or that you are authorised by the owner of, any trade mark or name that you wish to use as part of your web site address. We may reject or remove names that we believe may infringe someone else's trade mark. In addition we may reject or remove names that we believe are offensive.
6.8.4 Your website must not include any material that is unlawful or is likely to cause offence, anxiety or harm to others or in a way that is inconsistent with the letter and spirit of our Acceptable Use Policy. In particular you must ensure you have the correct permissions in place to use any material that is subject to copyright. Common examples of material subject to copyright are music, sound clips, video clips, pictures and downloadable software.
6.8.5 If we receive a complaint about your website (or any part of it) we may suspend the entire website (or any part of it) without notifying you beforehand. We may then ask you to obtain the complaining party's written consent prior to reinstating your web site. We may also require you to provide us with written assurance as regards further material to be displayed on your website. If we believe that the material on your website is sufficiently harmful, unlawful or offensive, is illegal or we receive further complaints about your web site after we have already issued you with a warning, we may either again suspend your web site indefinitely or end the contract between us immediately without further notice to you.
6.8.6 We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses that we incur as a direct result of the misuse of your website either by yourself or by someone you have knowingly allowed to place material on to your web site.
6.9 Security, usernames and passwords
6.9.1 We will provide you with a set of usernames and passwords. Where possible we will give you the username and password of your choice, however your username must not mislead, infringe on others rights, cause distress, be obscene or indicate a connection to another person, company or organisation that has not been authorised.
6.9.2 You must ensure that your usernames and passwords are kept confidential and are only used by you and persons you wish to use the Broadband Service. You must tell us immediately if you know or suspect that your username or password has been compromised.
6.9.3 If we believe that there has been or is likely to be a breach of username or password security we may (at our sole discretion) suspend your usernames and passwords; and ask you to change any or all of the passwords you use in connection with the Broadband Services.
6.10 We may delete any email held using email addresses you have registered with the Dial Up Internet Services if you have not accessed your email for more than 3 months. TV Services
6.11 You undertake to keep confidential the PIN allocated to you and those allocated to others at the Installation Address under your contract with us. You are solely responsible for all costs and charges for the use of such third party services by you or anyone using your PIN or the PINs allocated to others at the Installation Address.
6.12 You have no proprietary right to your allocated PIN however we will try to accommodate your requests for changes.
6.13 You accept responsibility for all transactions undertaken at the Installation Address and will ensure that anyone using the TV Services are aware that their access to the TV Services is in accordance with these terms and conditions.
6.14 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 Services and you agree that any equipment connected to or used with the TV Services will be connected and used in accordance with those instructions or procedures applicable to that equipment.
6.15 You agree that you will not use the TV Services in a way inconsistent with any legislation, or any licence applicable to us or in a way that is unlawful or fraudulent whether against us, BT, or any Service Provider.
6.16 You agree that you will not (nor permit or assist any other person to) show publicly, copy or distribute any part of the material comprised in the TV Services.
6.17 The content of programming and other services provided or delivered as part of the TV Services may not be suitable for viewing or use by persons of all ages. It is your sole responsibility to ensure that the TV Services viewed or used are suitable for those viewing them. We are not liable to you for any viewing, use of or access to any material by any persons (including in particular minors) whether or not authorised by you to view, use or access such material or services at the Installation Address.
7.1 We will invoice you for the Services in line with our Charges, and you agree to pay us the amount you are invoiced in accordance with such Charges. You accept that we consider anyone using the Services at the Installation Address to be authorised by you and that you must pay all Charges due from that use.
7.2 We may update our Charges from time and time, and any changes will be posted on our Website.
7.3 All Charges quoted on our Website include VAT, although certain sections of our invoices contain Charges that do not. These sections are clearly marked. 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.
7.4 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 pay by any other means.
7.5 If a direct debit or Recurring Card Payment 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 and suspend or terminate your Service. 7.6 If you wish to cancel or change the details relating to your direct debit or Recurring Card Payment you must tell us immediately and provide us with an alternative method of payment acceptable to us.
7.6 If we accept your Application, we may give you a credit limit that we may decide to increase when we set up a direct debit or credit/debit card mandate from you. We cannot guarantee that we won't charge you immediately if you go beyond the credit limit.
7.7 We will collect the first payment from you through your chosen method of payment shortly after the date on which the Services are made available to you. If you have subscribed to TV Services, this will include any Pay Per Rental Charges accrued up to such invoice date.
7.8 If you request that we provide you with a copy of any invoice previously provided in accordance with these terms and conditions we reserve the right to charge you an additional amount for providing you with this service.
7.9 If you have a contract with us for Broadband Services, you will receive your invoices online. It is a condition of this contract that you provide a valid email address (which may be different from your tiscali.co.uk email address) for invoicing purposes and that you keep us informed of any changes to it. You are responsible for ensuring your mailbox is in proper working order and we shall not be liable for any errors in sending or receiving emails unless caused by our negligence.
7.10 If you receive any Services other than Broadband Services you may choose to receive your bills in paper or electronic form. 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.
7.11 We will deduct the payment on the due date shown on each invoice. If this due date falls on a weekend or a public holiday, we will deduct the payment on the next working day after that date.
7.12 If you choose to pay by direct debit, if we make an error in our charges to you, under the direct debit scheme you are entitled to an immediate refund from your bank or building society. You may cancel a direct debit instruction at any time by writing to your bank or building society. If you do cancel your direct debit that you use to pay us, you must tell us immediately and provide us with an alternative method of payment acceptable to us.
7.13 If you disagree with any item on your invoice, you must notify Customer Services in writing within 30 days of the date on the invoice. After that time, you are deemed to have accepted the invoice. Disputes must be sent by Recorded Delivery to TalkTalk Customer Services, PO Box 14505, Birmingham, B46 1BF. Please retain proof of postage.
7.14 If any payment for Charges is dishonoured or received by us after the due date you accept that we may charge you an additional fee.
7.15 If we accept that it is our mistake, we will refund any amounts that we have wrongly charged to your account within 30 days of receiving your comments. If you are unhappy with our decision, please refer to the dispute resolution process set out in our Code of Practice.
7.16 We can charge interest at 2% above Barclays Bank plc's base rate (from time to time) on any amount that is still due 30 days after the invoice date in line with these terms and conditions. This interest will start to apply from 30 days after the due date for payment and will add up each day until you pay the total amount you owe, whether or not this contract has ended. Please also note that we may suspend or end your Services immediately pursuant to clause 12.3.2 below.
7.17 You agree to pay all our reasonable costs for collecting any overdue amounts you owe us.
7.17 Unless your Tiscali Package details state otherwise, your calls will be rounded up to the nearest minute and all Call Charges for each telephone call are rounded up to the nearest penny. You accept that we consider anyone making telephone calls from the numbers you have chosen to use with the Telephone Services to be authorised by you and that you must pay any Call Charges due from that use.
7.18 Any calls made and not routed through our Network will be billed for by the relevant Network operator, and we reserve the right pass on any additional call charges which arise from calls made which are routed otherwise than via our Network.
7.19 We calculate all Call Charges using our data and records. We reserve the right to bill you up to three months after the date of the call, if billing delays by our Network providers make this necessary.
7.20 When the Telephone Services end, we will either:
7.20.1 refund any amount in credit on your account after we have deducted any amount you owe us under these terms and conditions; or
7.20.2 issue a final invoice for the amount you owe, which will be due by the date shown on that invoice.
7.21 If your Telephone Services include free or inclusive calls, these will be detailed in your Tiscali Package.
7.22 We calculate all Pay Per Rental Charges using our data and records.
7.23 From time to time we may offer you a free bonus service in addition to the TV Services for a temporary period. We reserve the right to withdraw such bonus services at any time; however, we will notify you at least 30 days prior to doing so.
7.24 Special offers in relation to the Charges will be at our sole and absolute discretion and will only be valid as set out in the Fees.
7.25 If we conduct a check of your credit worthiness and the results of that check do not satisfy us or if we reasonably decide that all our customers or a certain category of our customers must pay a deposit, we may require you to pay a deposit of a reasonable amount determined by us. We may:
7.25.1 use all or part of your deposit to settle amounts due under this contract which are 14 days overdue, including, without limitation, any amount due for the replacement value and/or costs of repair of the Equipment;
7.25.2 keep all or part of your deposit if you do not report to us the unauthorised reception of channels or programmes; or
7.25.3 keep all or part of your deposit if anyone tampers with the Equipment.
7.26 We will repay any deposit held (or the balance of any deposit where any part of it has been applied by us in accordance with Condition 7.24) to you as soon as you have for a period of 12 months (or such other period as we agree) paid to us all Charges due under these terms and conditions on the due date(s) for payment of those Charges; or on termination of this contract, if you have paid to us all Charges due and, subject to your responsibilities in respect of loss or damage to the Equipment, if the Equipment has been returned to us.
7.27 We may require you to increase the level of the deposit held by us or require a further deposit from you of a reasonable amount at any time if:
7.27.1 in our reasonable opinion we believe that your financial circumstances have substantially changed since you signed this contract;
7.27.2 you are persistently late in making your payments to us;
7.27.3 we have used all or part of a deposit in accordance with Condition 7.24; and/or
7.27.4 you have exceeded your credit limit with us.
7.28 In the circumstances set out in Conditions 7.26 we may, as well as or instead of requiring a deposit, restrict the level of TV Services we provide to you, only allow certain methods of payment and/or impose an account limit based on the Charges we reasonably expect you to incur on your account ("Account Limit"). We will inform you of this Account Limit. You are not allowed to incur Charges which exceed your Account Limit over the period notified to you. If you exceed your Account Limit we have the right to request payment of a deposit as provided in Condition 7.24 and/or we may suspend the TV Services until payment for the Charges is received or we may terminate this contract.
7.29 If you enter into a new contract with us after this contract expires or ends we may charge you a re-connection charge to cover our reasonable costs.
8.1 We will comply with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any other applicable data protection legislation in relation to the handling of your personal data.
8.3 Where we have obtained the appropriate consents from you we may also use your data for marketing purposes. This may include providing your data to carefully selected third parties. If you do not want to receive marketing material from us or our associated companies, then you should advise us of this during the Application or contact Customer Services.
8.4 From time to time we may be contacted by BT in relation to your Service Number. If we receive such communication, we may contact you in relation to your continued access to the TV Services.
9.1 We will be liable if you are injured or die as a result of our negligence. We do not limit our liability, or any liability we may have to you under Part 1 of the Consumer Protection Act 1987.
9.2 We shall not be liable to you under or in connection with this contract:
9.2.1 for any loss that we could not have reasonably been expected to foresee at the start of the contract even where this related to special circumstances that you had previously made us aware of;
9.2.2 for any loss of business, contracts, profits, anticipated savings, goodwill, or revenue;
9.2.3 any lost enjoyment or wasted time; and
9.2.4 any loss or corruption of data.
9.3 We will not be liable to you for any failure to deliver the Services or for any breach of contract, where the failure or breach is due to a reason outside of our reasonable control.
9.4 Our total aggregate liability to you in connection with this contract however it arises shall not exceed £5,000 in any year of the contract for any one event or series of events.
9.5 We do not provide you with any Equipment as part of our Telephone Services, and are not liable for any problems you might experience with any equipment you use with the Telephone Services.
9.6 We will not be liable to you for any damage to your personal equipment caused by any incompatibility of any equipment we supply as part of the Services with any of your other personal equipment unless such damage is directly attributable to improper installation by us.
9.7 The Services may include services provided and/or operated by third parties, including but not limited to shopping and banking services. We are not responsible for and are not liable to you for the content, availability or modifications to such third party services and exclude all losses, liabilities or damages you may suffer or incur arising out of your use of such third party services.
10.1 We will do out best to reslve any disputes between us. We will deal with all disputes and complaints in accordance with our Code of Practice on our Website
10.2 If you are not satisfied with the way we have dealt with your complaint after you have exhausted our escalations process set out in the Code of Practice or the resolution of the dispute, you can refer the matter to the independent ombudsman scheme that we are part of. Details of the independent ombudsman can be found within the Code of Practice. The ombudsman will review the matter fully and we agree to be bound by the ombudsman's final decision.
11.1 If you move home or change the Service Number to which you connect to the Broadband Services, you must tell us immediately. You may still be able to continue to receive the Broadband Services, however we may charge you an additional fee for doing this where we incur costs for any reason. We will tell you what the amount of this fee is prior to charging you. It may take up to 20 working days to move the Broadband Services from the Installation Address to your new address and you may experience a loss of service during this time. You will continue to be responsible for the Charges for your Broadband Services at all times during the moving process. Please also note that if you move home or change your Service Number, your contract with us for the Broadband Services will continue until it is ended in the way set out in condition 12 "Ending the Services". Telephone Services
11.2 You must contact Customer Services and ask for removal of Tiscali Line Rental at the Installation Address. This will usually take effect within two to five working days of making contact, and please note that you will then not have access to either internet services or inbound/outbound calls, including calls to the emergency services, at the Installation Address.
11.3 You should then call BT and ask for a landline connection at your new property. It is recommended that you do this as far in advance as possible.
11.4 Once you have received your new phone number from BT, please contact Customer Services to arrange for provision of the Telephone Services to your new address (this may require a new Application). Initially, you will only be able to move your Tiscali Call Service and Broadband Services. Your Tiscali Line Rental can only be re-instated once your minimum term with BT (which is usually three months for line rental if reconnecting) has expired. Any Minimum Contract Period relating to your Tiscali Line Rental which is outstanding when you move to your new home will be waived, and a new Minimum Contract Period may be applicable when it is re-instated.
11.5 If you take Tiscali Call Service without Tiscali Line Rental you must contact Customer Services once you have your new Service Number and ask for your Tiscali Call Service to be moved to your new address. You must have a BT or other non-cable telephone line at your new address to receive the Tiscali Call Service there. TV Services
11.6 If you move from the Installation Address during the term of this contract or change your Service Number you must tell us immediately. You may still be able to continue to receive the TV Services, however we reserve the right to charge you an additional fee to cover our reasonable costs involved in continuing to provide the TV Services to you. We will arrange to come and pick up the Equipment before you move home, and the installation process set out in conditions 4.7 to 4.12 will then apply. Please note, that if you move home or change your Service Number, your contract with us for the TV Services will continue until it is ended in the way set out in condition 12 "Ending the Services".
12.1 You may give us notice by telephone to cancel within 10 Working Days of the date of your Application to us. If you cancel in this way, your contract will be cancelled and treated as if it had never existed, and you will be refunded any Charges paid within 30 days. This is consistent with your rights under the Distance Selling Regulations 2000. Any cancellation after this time will be subject to the termination procedures set out below.
12.2 From the Go-Live Date, we will provide the Services to you unless and until they end in one of the ways described below.
12.3 We can suspend or end the Services (or both) immediately and without notice:
12.3.1 if you break any term or condition of this contract or make a material mis-statement in any details supplied to us;
12.3.2 if you fail to pay the Charges due for the Services within 30 days after we have written to you to tell you that your payment is overdue or your chosen payment method seems not to be valid;
12.3.3 if for reasons outside our control, we cannot continue to provide the Services;
12.3.4 if you use abusive or threatening behaviour while using the Services (including when talking to our Customer Service agents);
12.3.5 in accordance with condition 4.9;
12.3.6 if you are involved in the unlawful copying of content of any of the TV Services;
12.3.7 if you are a TV Services customer and you cease to be a Broadband Services customer for any reason;
12.3.9 our authorisations under the Communications Act 2003 are revoked.
12.4 You may end your contract with us for the Services at anytime if:
12.4.1 you move to a new address to which we cannot provide the Services. In such case you must contact us in advance by telephone (please see condition 13 "Contacting us") and produce written proof of your new address;
12.4.2 we break a material term of this contract and we fail to remedy it within 28 days of a written notice from you; or
12.4.3 we suspend your use of the Services under these terms and conditions and such suspension has continued for more than 28 days.
12.5 You may end your contract with us for TV Services by giving us at least 30 days' written notice if at any time within the Minimum Contract Period we materially reduce to your detriment the scope of the TV Services you receive from us. If you do not give us notice within 30 days we will assume you have accepted the changes to the TV Services.
Dial Up Internet Services
12.6 Either party may terminate this Agreement on giving 30 days written notice to the other at anytime and for any reason. You must pay the Charges up to and including the date of termination for all Dial Up Internet Services you receive from us.
Transfer to another Service Provider
12.7 Subject to any Minimum Contract Period that may apply, if you are moving to another Service Provider for the provision of Telephone Services or Broadband Services then the following apply:
12.7.1 Broadband Services: If you are moving to another Service Provider, you must request a migration authorisation code (a "MAC"). Upon such request, we will issue you with a MAC wherever possible. Your account will not be cancelled until you use your MAC and migrate to another service provider and you must pay all charges for the Broadband Services until the date on which your contract actually ends. If you do not use your MAC once received, your contract for Broadband Services will continue until your contract with us is ended in accordance with condition 12.7. Where a MAC can not be provided we will use all reasonable endeavours to facilitate your migration to another Service Provider.
12.7.2 Tiscali Call Service only: You must contact your chosen Service Provider to arrange your transfer. The disconnection procedure will then depend on which Service Provider you choose to carry your calls in the future. Failure to arrange your transfer with another Service Provider may result in you being left without any telecommunications services. We cannot guarantee how long this procedure will take and until it is complete you will continue to be bound by these terms and conditions. We will cancel your Tiscali account, provided you have notified us directly of your intention to cancel, only when your calls are no longer directed over our Network. You will be responsible for the cost of calls made over our Network before your new Service Provider takes over your service.
12.7.3 Tiscali Line Rental: You must contact a non-cable service provider and ask them to takeover service on the line. If you are moving to a cable provider, we must treat your termination as not being a transfer to another Service Provider, and accordingly condition 12.7 will apply. Termination and no Transfer to another Service Provider
12.8 Subject to any Minimum Contract Period that may apply:
12.8.1 you can end your contract with us for Tiscali Line Rental by calling Customer Services and asking for its removal. This will usually take effect within two to five working days of contact, and please note that you will then not have access to either internet services or inbound/outbound calls, including calls to the emergency services;
12.8.2 you can end your contract with us for the Broadband Services by giving us at least 30 days' notice to us by telephone or in writing (please see condition 13 "Contacting us"); and
12.8.3 you can end your contract with us for TV Services by giving us at least 30 days' notice to us by telephone or in writing (please see condition 13 "Contacting us").
12.9 If you wish to end your contract with us for the Tiscali Call Service and you do not wish to transfer to an alternative provider, you must contact BT who will arrange for us to be removed from your telephone line. You will be notified by BT when this will take place (usually 10 working days) and once it has taken place you must contact us so that we can cancel your account. This will take effect the following working day. You will be responsible for the cost of calls made over our Network before we are removed from your telephone line.
12.10 Your contract for TV Services may also end if your contract with us in respect of the Equipment ends due to you exercising your right to cancel under that contract (if applicable).
12.11 If we end our contract with you under clauses 12.3.1, 12.3.2, 12.3.4, 12.3.5, 12.3.7; or 12.3.8 we may charge you for any reasonable costs we have to pay to disconnect you.
12.12 If we suspend your contract under clauses 12.3.1, 12.3.2, 12.3.4, 12.3.5, or 12.3.7; or 12.3.8 you will continue to be responsible to us for the charges.
12.13 If we stop providing the Services under clause 12.3.3 we must give you at least seven days' notice in writing.
12.14 If you end your contract for Broadband Services with us and do not request and use a MAC, you agree to pay us a cessation fee of £40. This fee is to cover the cancellation charge that we must pay BT and associated administration costs. The cessation charge will not be payable where you are moving home and either you have subscribed to our Broadband Services at your new address or we are unable to provide the Broadband Services at your new address.
Early Termination Charges
12.15 If we end our contract with you due to your default, including your failure to pay the Charges on the due date in accordance with this contract; or you end this contract during the Minimum Contract Period other than in circumstances in which you have a right to do so in Conditions 12.1 you will have to compensate us by paying an Early Termination Charge plus any outstanding Additional Charges accrued up to the date of termination.
12.16 Upon termination of any Services for any reason, we will send you a Termination Notice and all Charges outstanding and any Additional Charges arising as a result of such termination shall become due and payable immediately. If there is any amount in credit on your account after all Charges and Additional Charges have been paid, this will be refunded.
13.1 Written notices given under under these terms and conditions may only be delivered by post or e-mail to the following addresses:
13.1.1 to us at the relevant address given on our contacts page located at our Website and addressed to Customer Services; and
13.1.2 to you at the relevant postal or email address provided as part of the details which you submit on your Application or any alternative address that you provide to us via the 'My Account' pages.
14.1 We will not be liable to you for any failure to deliver the Services or for any breach of contract, where the failure or breach is due to an event outside of our reasonable control.
15.1 We can close your account if you have not used it for 12 months or longer.
15.2 You cannot assign (transfer) your rights or responsibilities under these terms and conditions to another person without our permission in writing, such permission not to be unreasonably withheld or delayed provided that we may we will carry out a credit reference check against such person's name before deciding whether to give permission.
15.3 Neither of us shall be considered to have waived any right under these terms and conditions because we have not exercised that right or because we have delayed exercising that right.
15.4 Unless this contract says otherwise, any notice, invoice or other document given to you under this contract will be considered served if it is left at, or sent by post to, the address in the United Kingdom shown on your Application form, or any other address in the United Kingdom that you have told us about, in writing.
15.5 There terms and conditions are between us and you, and no other person has any right to benefit under them or to enforce them.
15.6 If any part, term or provision of this contract is found to be illegal or unenforceable by the court, the remainder of this contract shall continue to govern our provision of the Services to you.
15.7 We intend to rely upon these terms and conditions for the Services that we provide to you. We acknowledge that you may receive written and verbal information from our Customer Services team and these shall be incorporated into these terms and conditions.
15.8 This contract is governed by English law, and you and we agree that disputes can only be dealt with in English and Scottish courts.
15.9 We cannot guarantee that any offer will remain open to you if you do not return your signed copy of you Application to us within 3 months from the date of the cover letter accompanying it.
15.10 We reserve the right at any time to assign this contract, provided always that no assignment will affect any guarantees to you under this contract, to any company, firm or person whatsoever.
"Acceptable Use Policy" means our acceptable use policy as amended from time to time and found on our Website;
"Additional Charges" means any applicable charges in addition to Fees and Call Charges as may be applicable from time to time, including but not limited to charges for Line Features, Early Termination Charges, Pay Per Rental Charge and any other charges payable by you to us as specified in these terms and conditions or on our Website;
"Application" means an application to subscribe for any one or more of the Services made online, by telephone, by installation CD-ROM, or by completing a paper application form;
"Broadband Services" means high speed digital network access to the Internet, a range of Internet services and the applications which we may provide to you for Private Use as set out in your Tiscali Package;
"BT" means British Telecommunications Plc and as applicable, Openreach or other trading divisions of BT from time to time;
"Call Charges" means the relevant charges for calls made or to be made using the Tiscali Call Service as specified on our Website;
"Charges" means our Fees, Call Charges, Additional Charges and other charges, in force from time to time;
"Code of Practice" means our code of practice as amended from time to time and found on our Website;
"CPS" means carrier pre-selection, being the Network access mechanism that occurs when a telecommunications operator automatically programmes your local telephone exchange to route your calls or traffic over a Service Priovider's Network;
"Customer Services" means our customer services team, lines open 8am-midnight seven days a week and whose numbers can be found on our website;
"Dial Up Internet Services" means analogue network access to the Internet, a range of Internet services and the applications which we may provide to you for Private Use as set out in your Tiscali Package;
"Early Termination Charges" means the charges payable by you when you or we terminate this contract in the Minimum Period as detailed on our website.
"Equipment" means the equipment supplied to you by us which enables you to receive the Services, which shall include any modem for Broadband Services and / or set top decoder(s), remote control unit(s), cabling and other ancillary apparatus as necessary for the reception of the Services and/or other services. The Equipment does not include your BT or other non-cable telephone line (if applicable) which shall remain the property and responsibility of BT or other non-cable Service Provider;
"Fair Usage Policy" means the fair use policy governing your use of the Broadband Service as amended from time to time, and found on our website
"Fees" means the fees that may be payable from time to time for provision of the Services as specified on our Website payable by you as applicable;
"Go-Live Date" means the date from which you can use the Services, which we will notify you of, and which we may change if we consider it necessary;
"Incompatible Products" means products which are incompatible with our provision of the TV Services details of which can be obtained by contacting Customer Services;
"Installation Address" means the address of the property occupied by you at which we agree to provide the Services and where any Equipment is installed;
"Installation Date" means the date on which we install the Equipment at the Installation Address;
"Line Features" means Network or other calling features (e.g. caller display, voicemail);
"Line Rental Account Holder" means the person who holds an account for telephone line rental at the Installation Address (with BT or another non-cable line rental provider);
"LLU" means a process by which BT lines are physically disconnected from its Network and connected to our Network;
"Minimum Contract Period" means a period of 12 months from the date you enter a contract with us for Services, or 12 months from the date you upgrade or downgrade your Tiscali Package, or such longer period as is specified in your Tiscali Package, unless you enter a contract with us for Telephone Services only in which case no minimum contract period applies;
"Network" means telecommunications network;
"Non Recurring Method of Payment" means any method of payment which is not a Recurring Card Payment or direct debit;
"Private Use" means private use for residential purposes as set out in clause 6.2;
"Recurring Card Payment " means any continuous payment via any payment card (Visa, Mastercard, etc);
"Sales and Marketing Code of Practice" means our sales and marketing code of practice as amended from time to time and found on our Website;
"Services" means the Telephone Services, Broadband Services and TV Services that we provide to you as applicable and "Service" shall mean any one of the Services
"Service Number" means the telephone number you provide to us which will allow us to provide the TV Services at the Installation Address;
"Service Provider" means a provider of broadband, TV and / or telephony services;
"Telephone Services" means the Tiscali Line Rental and/or Tiscali Call Service as set out in your Tiscali Package;
"Termination Notice" means the notice you receive from us confirming that your Service has ended;
"Tiscali Broadband Subscriber" means having a contract with Tiscali for Broadband Services;
"Tiscali Call Service" means the call service for Private Use which we may provide you as set out in your Tiscali Package;
"Tiscali Line Rental" means the fixed line telephone rental service for Private Use which allows you to make and receive phone calls which we may provide you as set out in your Tiscali Package;
"Tiscali Member" means you, or any other person who accesses our Website;
"Tiscali Package" means the package of products and services which you have chosen to receive from us;
"TV Services" means the broadcast and on demand television services we may provide to you for Private Use as set out in your Tiscali Package;
"we" or "us" means Tiscali UK Limited, a company registered in England and Wales under company number 0340817 and VAT registration number GB744032068 and whose registered office is at Evesham Street, London, W11 4AR;
"Website" means the website hosted by us at URL: www.talktalk.co.uk;
"Welcome Pack" means the pack of information you receive from us following a successful Application;
"Working Day" means means a day (other than a Saturday or Sunday) on which banks are ordinarily open for business in the UK; and
"you" means you the customer.