Terms and Coditions
These terms and Conditions set out the basis upon which Capital Telecom (London) Ltd. ("Capital Telecom") will provide telecommunication services ("the Service"), for private use only, to those persons whose application for such services is accepted by Capital Telecom ("you" or "the customer"). Capital Telecom may vary these Terms and Conditions at any time by sending you an updated version by mail to the address given by you. You agree that if you decide to use the Service after receiving such updated version you will be bound by those Terms and Conditions.
The Service operates from BT telephone lines using carrier pre-selection ("CPS"). By using CPS all calls (except for calls to emergency numbers, operator assistance, directory enquires and flat rate internet dial up numbers) will be routed to Capital Telecom automatically.
Capital Telecom does not undertake to provide a service from non-BT lines. If you access the Service from a non-BT line, this version of the Service may be different from the Service available from BT lines (no short code, no pre-selection). If you are a non-BT customer, please apply to Capital Telecom Customer Care for details of how to use the Service.
1. CONNECTIONS AND SUPPLY OF SERVICES
1.1 Capital Telecom undertakes to exercise appropriate care in the provision, operation and maintenance of services, and also warrants fitness for purpose. Capital Telecom will provide services which will enable The Customer to route calls across the Indirect Access Provider or alternate network within the agreement.
1.2 Before providing The Customer with services, Capital Telecom may have to obtain the consent or approval of organisations that currently provide services to The Customer. The ability of Capital Telecom to provide The Customer with services will be dependent upon all such consents and approvals having been obtained.
1.3 The Customer shall provide Capital Telecom (without charge to Capital Telecom) with all information, assistance or facilities that are required to enable Capital Telecom to supply the service and fulfill their obligations under this agreement.
1.4 The Customer shall meet the financial and other requirements of Capital Telecom before connection to a Network is made.
1.5 On acceptance, arrangements will be made to transfer The Customer from their current telephone service to the Capital Telecom telephone service. This will usually take up to 21 days. If The Customer wishes to cancel before the transfer is complete, Capital Telecom UK Communication Ltd may charge for work that has already been planned or undertaken.
1.6 To ensure that Capital Telecom can provide the service, The Customer must prepare their premises in accordance with the instructions supplied by Capital Telecom and must provide a mains electricity supply. All such preparation work and any reinstatement work at The Customer premises will be the responsibility of The Customer and made at their cost.
1.7 Installation may necessitate Connection Points, Exchange Lines and other ancillary equipment in order to connect Capital Telecom’s Equipment to the Network. Such installations will be the responsibility of The Customer and may incur additional charges for work that is undertaken.
1.8 The provision of services may require the re-programming of equipment as stated above before Capital Telecom can provide The Customer with services. The Customer may be charged for all costs incurred in this respect.
1.9 In addition, Capital Telecom will provide fault- handling and resolution services, subject to the following;
1.9.a The Customer must notify Capital Telecom within 48 hours of discovering a fault;
1.9.b in the event that Capital Telecom does not find an fault in the service, or considers the fault to have been caused by The Customer, Capital Telecom UK Communication Ltd may charge for any costs incurred in carrying out any maintenance or repair;
1.10 In the event that it is necessary to carry out scheduled or unscheduled maintenance, or to suspend the service temporarily, Capital Telecom will endeavour to provide notice to The Customer, wherever possible.
1.11 In the event that Capital Telecom has to alter or discontinue the service as a result of regulatory changes, technical changes, or the failure of any telecommunications operator, The Customer will be responsible for any changes needed to The Customer’s Equipment.
1.12 Capital Telecom cannot be held responsible for Indirect Access Providers, Networks or subcontractors in relation to:
1.12.a estimated connection dates;
1.12.b faults in the continuous provision of service.
1.13 Capital Telecom cannot guarantee that the Indirect Access Provider will not charge The Customer for any calls, nor can Capital Telecom guarantee that the Indirect Access Provider will route any call to the Network. The Customer remains liable to the Indirect Access Provider for charges levied by the Indirect Access Provider to The Customer.
1.14 This agreement will continue after the Minimum Contract Term, subject to 30 days written notice from The Customer.
2. THE SERVICE
2.1 The Customer must not use the service for the following:
2.1.a sending any messages or communications which are in contravention of the Act, any other relevant law, or code of practice;
2.1.b fraudulent, illegal or unlawful purpose;
2.2 The continued use of service must be in accordance with the following conditions:
2.2.a all reasonable instructions that Capital Telecom may provide for the provision and operation of service;
2.2.b the relevant provisions of the Act, any other relevant law, code of practice, regulation, or any direction of the Director General of Telecommunications or other competent authority, and any license which governs the running of The Customer’s own telecommunications system;
2.2.c The Customer agrees to keep Capital Telecom’s service connected to The Customer’s Exchange Line(s) for a minimum contract term of 36 months.
2.2.d The Customer shall ensure that any of The Customer’s Equipment used in connection with the service is in good working order, of correct specification and conforms to the relevant standard or approval for the time being designated under the Act (The Customer’s Equipment will remain the responsibility of The Customer);
2.2.e The Customer agrees to take reasonable care of Capital Telecom’s Equipment and responsibility for any loss or damage occurring to Capital Telecom’s Equipment after installation at The Customer’s premises (the Customer is advised to take out appropriate insurance);
2.2.f Capital Telecom’s Equipment is only to be repaired, serviced or maintained by persons who have been authorised by Capital Telecom, and The Customer shall not move, modify, or otherwise interfere with any of Capital Telecom’s Equipment that is installed on The Customer’s premises without Capital Telecom’s prior consent;
2.2.g The Customer will not unreasonably withhold access to their premises;
2.2.h The Customer will not assign or delegate Capital Telecom’s Equipment without Capital Telecom’s prior consent, which will not be unreasonably withheld;
2.2.i The Customer accepts any relevant costs incurred in the completion of alterations and additions to equipment covered in this agreement.
2.2.j The Customer agrees to indemnify Capital Telecom against all costs, whether direct or indirect, which are incurred as a result of The Customer using Capital Telecom’s services in a manner that breaches this agreement.
2.2.k Capital Telecom will carry out work by appointment during normal working hours, which are between 9.00am and 5.00pm, from Monday to Friday (excluding Bank or other Public Holidays). If The Customer requires Capital Telecom to carry out work outside these hours, additional charges may be incurred.
3. ACCESS CODES, TELEPHONE NUMBERS AND PHONE BOOKS 3.1 All rights in the allocated telephone numbers will remain with Capital Telecom and this agreement does not give The Customer any rights in any number that Capital Telecom allocates to The Customer. The Customer is not permitted to register these numbers as a trademark or otherwise, and The Customer cannot sell them or agree to transfer them to anyone else.
3.2 When Exchange Lines are rented from Capital Telecom, one standard form entry into the appropriate BT phone book will be secured, at The Customer’s request. Any additional or special entries will be subject to BT's terms and conditions and relevant charges. Capital Telecom is not liable for losses in any form for either failure to enter The Customer’s number in the BT phone book or for any error made in such an entry.
3.3 Capital Telecom may be required to modify or amend any telephone numbers given to The Customer or introduce additional access codes if required due to:
3.3.a any numbering scheme being imposed upon Capital Telecom;
3.3.b any other operational or technical reasons.
4. SERVICE CHARGES AND ACCOUNT ADMINISTRATION 4.1 Capital Telecom’s Equipment shall remain the property of Capital Telecom at all times.
4.2 The Customer agrees to return Capital Telecom’s Equipment in working order. Capital Telecom reserves the right to charge for Capital Telecom’s Equipment at the current-day replacement-as-new value when Capital Telecom’s Equipment is not returned to Capital Telecom.
4.3 The Customer will pay to Capital Telecom the Call Charges and Fixed Charges calculated in accordance with the Tariff Sheet, in addition to any other charges due under this agreement.
4.4 Charges may be amended by the increase in the current Retail Price Index, or by 10% (whichever is lower), without notice to The Customer.
4.5 Where the increase in charges is greater than 10%, or the current Retail Price Index (whichever may be lower), Capital Telecom will provide the customer with 14 days notice. The Customer has the right to terminate this agreement by providing written notice within 14 days of receipt of notice of the increase. The Customer remains responsible for all charges up to the point that the service is disconnected.
4.6 If The Customer receives revenue or calls made to specified Non- Geographic Numbers, the revenues are subject to the following additional conditions:
4.6.a in the event that Capital Telecom is not paid for minutes generated to The Customer’s numbers, Capital Telecom will make no payment to The Customer in relation to those minutes;
4.6.b in the event that there are any changes to the rate that Capital Telecom is paid for minutes generated to The Customers’ numbers, Capital Telecom may reduce the payment made to The Customer in relation to those minutes. If the change in the rate paid to Capital Telecom is backdated, the change in the rate to The Customer will also be backdated;
4.6.c if the backdating in clause 4.6.b means that Capital Telecom has overpaid The Customer, Capital Telecom may either offset the overpayment against The Customer’s next payment, or invoice The Customer for the amount of the overpayment.
4.7 All Charges due must be paid within 14 days of the date on the bill, by the agreed payment method as specified in this agreement. All Charges payable by The Customer shall be paid in full without any deduction or set-off.
4.8 Capital Telecom does not accept responsibility for delays in the billing of any charges. Any delay that occurs does not alter The Customer’s liability
4.9 Disconnection, or suspension for non-payment, may incur a re- instatement fee.
4.10 If The Customer’s payment is late, cancelled or dishonoured, The Customer will be responsible for all costs and expenses incurred by Capital Telecom, and organisations employed by Capital Telecom, to obtain payment from The Customer.
4.11 In the event that The Customer wishes to dispute an item on the bill, this must be done in writing within 14 days of the date of the bill. Capital Telecom will be the arbiter of the dispute and will advise The Customer of the course of action resulting from the dispute.
4.12 The Customer agrees to tell Capital Telecom in advance of any change in The Customer’s telephone number, name, address or bank details. The Customer remains liable for any charges incurred through the use of the service by any third party.
4.13 All Charges are subject to VAT at the prevailing rate.
4.14 Capital Telecom may vary any credit terms.
5. PAYMENT TERMS 5.1 If any Charges are not paid by the due date, The Customer may be charged interest at 3% above Barclays Bank PLC base rate from the due date until the date payment is received.
5.2 If there is a dispute over the amount of the Charges, The Customer is not entitled to withhold payment for amounts not in dispute.
5.3 The Customer remains liable for all charges due under this agreement even if service has been suspended, disconnected for non-payment, or terminated, or The Customer has transferred the number(s) to another telecommunications provider.
6. SUSPENSION AND/OR DISCONNECTION OF SERVICES 6.1 Capital Telecom reserves the right to suspend provision of the services immediately and without notice for any of the following reasons:
6.1.a Capital Telecom has reasonable grounds to suspect that The Customer is using the service in contravention of the use of services (as detailed in clause 2.1);
6.1.b The Customer has breached their credit terms.
6.2 During suspension of the service, The Customer will have to pay all Charges due, and any other reasonable costs and expenses that Capital Telecom may incur as a result of such suspension and any subsequent reinstatement of services.
7. TERMINATION OF SERVICES Capital Telecom reserves the right to terminate this agreement immediately under the following circumstances:
7.1 The Customer is in breach of this agreement and the breach is incapable of remedy.
7.2 The Customer is in breach of this agreement and the breach cannot be remedied within 7 days of Capital Telecom’s notice requiring The Customer to do so;
7.3 The Customer does not satisfy the test of solvency and is unable to pay The Customer’s debts at any time, as set out in section 123 of the Insolvency Act 1986;
7.4 The Customer is declared bankrupt, insolvent, has a receiver, administrator or liquidator appointed, or enters into any arrangement with The Customer’s creditors;
7.5 The Customer ceases to trade;
7.6 The Customer has any restraint, execution, or other process levied or enforced on any of The Customer’s property;
7.7 Capital Telecom is required to end this agreement by a regulatory authority. On termination of this agreement The Customer will:
7.8 Pay Capital Telecom all Charges due under this agreement;
7.9 If this agreement terminates before the Minimum Contract Term expires (other than as a result of the circumstances described in clause 4.5 or any breach of this agreement by Capital Telecom) The Customer will pay Capital Telecom:
7.9.a the Fixed Charges that would have been payable if the agreement had not terminated;
7.9.b a disconnection fee equal to the Estimated Monthly Spend (Including Line Rental) for the un- expired portion of the minimum contact term.
7.9c An administration charge of £75.00 ex vat
8. ENTIRE AGREEMENT 8.1 This agreement contains all of the terms of the agreement between The Customer and Capital Telecom in relation to the service, and supersedes any written or oral agreements, representations or understandings between The Customer and Capital Telecom.
8.2 This agreement is regulated by the Act, and any other relevant law, code of practice, regulation or any direction of the Director General of Telecommunications or other competent authority and any license, which governs the running of The Customer’s own telecommunications system. Capital Telecom and The Customer agree to modify this agreement in line with any changes in the aforementioned.
8.3 No other variation to this agreement shall be effective unless in writing and signed by The Customer and a Director or Officer of Capital Telecom.
8.4 The non-exercise of any right conferred upon Capital Telecom as outlined in this agreement will not operate as a waiver of that right, nor will any partial exercise prevent any further exercise of the same, or of some other right, power or remedy.
8.5 The Customer may not transfer the benefits or obligations of this agreement to any other party without the written consent of a Director or Officer of Capital Telecom
8.6 Any notices, which may be given, by either The Customer or Capital Telecom under this agreement must be in writing and must be delivered by hand or by pre- paid mail to the relevant registered office.
8.7 You agree that Capital Telecom may assign its rights under these terms and conditions to an alternative provider.
9. LIMITATION OF LIABILITY
9.1 Capital Telecom will not be liable to The Customer for any non-performance of Capital Telecom’s obligations under this agreement due to act of God, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, strike, lock-out (whether including Capital Telecom’s workforce or the workforce of any other party) and other industrial dispute, act of government, highway authorities, telecommunications operators or other competent authorities, or inability to obtain supplies or services from third parties or due to any cause beyond the reasonable control of Capital Telecom.
9.2 Capital Telecom’s liability to The Customer for damage to The Customer’s premises directly caused by Capital Telecom’s negligence is limited to £1000. Capital Telecom’s liability to The Customer for any other direct loss or damage (excluding death or personal injury) caused by Capital Telecom’s negligence or failure to keep to the terms of this agreement is limited to £1000.
9.3 Capital Telecom shall in no circumstances be liable to The Customer for any consequential loss.
10. ENFORCEABILITY
10.1 If any part of this agreement is found by any court or other authority of competent jurisdiction to be illegal, invalid or unenforceable, that provision shall, to the extent required, be deemed not to form part of this agreement without affecting any other provision of this agreement which shall remain in full force and effect.
11. DATA PROTECTION
11.1 The information The Customer provides will be used by Capital Telecom to supply the services and will not be disclosed without The Customer’s permission unless required by law.
11.2 Capital Telecom may share information with organisations that are our business partners for the purposes of analysis, or to invite The Customer to take part in market research, and to inform The Customer of goods and services that may be of interest to The Customer. The Customer may be contacted by mail, telephone, fax, e-mail or SMS.
11.3 The Customer acknowledges that Capital Telecom may co-operate with the police and any other relevant authorities or organisations in connection with any misuse, or suspected misuse, of the service, or other telecommunications services. If necessary, Capital Telecom may divulge information held about The Customer.
12. APPLICABLE LAW 12.1 This agreement shall be governed, construed and interpreted in accordance with English law, and the parties hereby submit to the non- exclusive jurisdiction of the English courts
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CapitalTelecom In Partnership with Opal Telecom a 
Group Company
Registered in England No. 06571677 Vat No. 941 6788 87
