Terms and Conditions

1. Contract structure

These master terms and conditions ("Conditions") apply to all products and services supplied by Telappliant Limited ("Telappliant", "we", "us") to the customer named on the order ("Customer", "you").

The contract is formed of these Conditions, the signed order form or online order, the applicable service schedules and price list, the service level agreement, the acceptable use policy and the fair use provisions of your call plan. Where there is a conflict, the order form takes precedence, followed by the service schedule, then these Conditions.

These Conditions are for business customers. Services are not supplied to consumers, and statutory consumer rights, including cancellation rights, do not apply.

2. Commencement, term and renewal

The contract starts on the date we accept your order and continues for the minimum term stated on the order form, which is normally 12, 24, 36 or 60 months from the service activation date.

Unless either party gives at least 90 days' written notice before the end of the minimum term, the contract renews automatically for successive periods of 12 months on the same terms, subject to the price review provisions below.

Where a service is ordered on a rolling monthly basis, either party may terminate on 30 days' written notice.

3. Provision of services

We will provide the services with reasonable skill and care and in accordance with the applicable service level agreement. Installation dates are estimates and depend on third-party network providers, site surveys and wayleaves where relevant.

We may change the technical specification of a service, or the network used to deliver it, provided the change does not materially reduce performance. We may suspend a service for planned maintenance, giving reasonable notice where practical, and for emergency maintenance without notice.

4. Your obligations

• Provide accurate information, timely access to sites, and suitable power, cabling, cabinet space and environmental conditions.
• Ensure your local network, routers and endpoints meet the minimum requirements we publish for voice quality and connectivity.
• Keep account credentials, PINs and portal passwords secure, and notify us immediately of any suspected compromise.
• Use the services lawfully and in accordance with our acceptable use policy, number misuse policy and fair use terms.
• Obtain and maintain any consents, licences and permissions needed for us to deliver the services at your premises.

5. Charges, payment and price review

• Charges are as set out on the order form or current price list and are exclusive of VAT.
• Recurring charges are billed monthly in advance and usage charges monthly in arrears.
• Payment is due by Direct Debit within 14 days of the invoice date unless agreed otherwise in writing.
• Late payment may attract interest at 4% above the Bank of England base rate under the Late Payment of Commercial Debts (Interest) Act 1998, together with reasonable recovery costs.
• We may suspend services where an undisputed invoice remains unpaid 14 days after a written reminder.
• We may increase recurring charges once in any 12-month period, and to reflect increases in wholesale, carrier or regulatory costs, on 30 days' written notice.

6. Equipment and software

Title to purchased hardware passes on full payment; risk passes on delivery. Rented or loaned equipment remains our property, must be insured by you, and must be returned in good condition within 14 days of termination or paid for at its replacement value.

Software and firmware are licensed, not sold. You receive a non-exclusive, non-transferable licence to use them for the duration of the contract and solely in connection with the services.

7. Telephone numbers and porting

Telephone numbers allocated to you are licensed for use with the services and are not sold. We manage numbers in accordance with the Ofcom National Telephone Numbering Plan and our number misuse policy.

Subject to Ofcom rules and the losing provider's cooperation, you may port eligible numbers away on termination, provided your account is settled in full. Porting charges may apply. We may withdraw or change a number where required by Ofcom or a regulatory authority, giving as much notice as reasonably possible.

8. Emergency calls and service limitations

VoIP services depend on power and a working internet connection and will not operate during a power cut or broadband outage unless you have battery backup or a mobile failover. You must keep the installation address registered against each number accurate, so that emergency services receive the correct location.

Access to 999 and 112 is provided free of charge. We recommend that every site retains an alternative means of making emergency calls.

9. Acceptable use

You must not use the services to send unlawful, defamatory, fraudulent or nuisance communications, to generate artificially inflated traffic, to carry out unsolicited marketing in breach of PECR, or in any way that damages our network or reputation. We may suspend services immediately where we reasonably suspect a serious breach, fraud or a security threat, and will tell you why as soon as practical.

10. Data protection and confidentiality

Each party will comply with applicable data protection law. Where we process personal data on your behalf, we act as processor and you act as controller, on the terms of our data processing agreement, which forms part of this contract.

Each party will keep the other's confidential information secure and will not disclose it except to personnel and advisers who need it, or where required by law or regulator.

11. Liability

Nothing in the contract limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited by law.

Subject to that, neither party is liable for loss of profit, revenue, anticipated savings, business, goodwill or data, or for indirect or consequential loss. Our total aggregate liability in any 12-month period is limited to the charges paid by you for the affected service in the 12 months before the event giving rise to the claim.

Service credits under the service level agreement are your sole financial remedy for failure to meet availability or response targets.

12. Termination

• Either party may terminate immediately if the other commits a material breach that is not remedied within 30 days of written notice, or becomes insolvent.
• If you terminate a service before the end of its minimum term, or we terminate for your material breach, early termination charges equal to the remaining recurring charges for the minimum term become payable, together with any unrecovered installation or third-party costs.
• On termination you must pay all outstanding charges, cease using the services and return any rented equipment.

13. General

Neither party is liable for failure caused by events beyond its reasonable control. You may not assign the contract without our written consent, which will not be unreasonably withheld. No third party has rights under the Contracts (Rights of Third Parties) Act 1999. The contract is the entire agreement between the parties and supersedes prior discussions.

The contract is governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

14. Complaints and dispute resolution

If something goes wrong, contact us on 0345 004 4040 or through our contact form at telappliant.com/contact-us and we will follow our code of practice. If a complaint remains unresolved after eight weeks, or we issue a deadlock letter, eligible small business customers may refer the matter to our alternative dispute resolution scheme free of charge.