Terms Of Business

IF THESE TERMS AND CONDITIONS ARE TOO SMALL FOR YOU TO READ COMFORTABLY PLEASE CALL CUSTOMER SERVICE ON 02030111302 AND WE WILL SEND YOU A LARGER PRINT VERSION. OUR CURRENT TERMS AND CONDITIONS AND FULL DETAILS OF ALL PRODUCTS AND SERVICES ARE ALWAYS AVAILABLE ON THE Metplus Telecom WEBSITE HTTP://WWW.METPLUSTELECOM.CO.UK. AND ARE DEEMED INCORPORATED HEREIN THE SERVICES MAY BE PROVIDED TO YOU ON A FREE OR TRIAL BASIS AT THE SOLE DISCRETION OF METPLUS TELECOM.

1. Definitions

1.1 “Act” means the Communications Act 2003 and any amendments to Airtime Service Provider.

1.2 “Airtime Service Provider” means a third party supplying airtime services to the Customer.

1.3 MetPlus Telecom means MET Technologies Limited also trading as MetPlus Telecom whose registered office is at ( 2 Bridge Avenue, Maidenhead Berkshire SL6 1RR, United Kingdom PHONE: 02030111302

1.3 “Customer” means the person so named on the agreement. MetPlus Telecom reserves the right to deal with anyone reasonably appearing to MetPlus Telecom to be acting with the Customer’s authority.

1.4 “Direct Debit” means any request(s) for any payment or series of payments by bank direct debit payment method.

1.5 “Equipment” means any equipment or product supplied by MetPlus Telecom or any third party on behalf of MetPlus Telecom to the Customer.

1.6 “Minimum Term” means the period of 12 months from the Commencement Date or such other period as is prescribed for the relevant service or as is otherwise detailed overleaf.

1.7 “Services” means the provision of telecom services and/or Equipment and/or fraud monitor and services provided by us relating to the Internet and any related service provided by MetPlus Telecom to the Customer under this agreement.

2. The Services and Equipment

2.1 Save as provided in these terms and conditions MetPlus Telecom shall provide the Customer with such Services and Equipment as are requested by the Customer and any use of the Services or payment for the Services is deemed acceptance of these terms and conditions. In respect of fraud monitor and other services the additional terms and conditions set out on our website shall be deemed to be incorporated herein. MetPlus Telecom shall only become liable to supply Services to the Customer once satisfactory responses to credit checks and criminal bureau checks have been received by MetPlus Telecom and (where appropriate) any airtime service provider. MetPlus Telecom will monitor and record information relating to a customer’s trade performance and such records will be made available to credit reference agencies, who may share that information with other businesses in assessing applications for credit and fraud prevention.

2.2 The Customer shall be responsible for the safe keeping and proper use of the Services and any related Equipment after installation of the Services and the Customer undertakes in particular

2.2.1 Not to cause any attachments other than those approved for connection under the Act to be connected to any Equipment.

2.2.2 Not to contravene the Act or any other relevant regulations or licenses.

2.2.3 Not to allow any unauthorized access to the Equipment or the Services.

2.3 Any Equipment supplied by MetPlus Telecom further to a rental agreement remains the property of MetPlus Telecom and must be made available for collection on the expiry or termination of this agreement.

2.4 The Customer shall not publicize any number in any way or commit to any advertising or publicity until such time as it has received from MetPlus Telecom in writing confirmation that the number is live and tested. MetPlus Telecom will use reasonable endeavours to provide you with the Services by the dates agreed with you and to continue to provide the services until this agreement is terminated. MetPlus Telecom will not be liable for any loss or damage should the Service not commence or restart on the agreed date. Where MetPlus Telecom is supplying network services as part of the Services the Customer must provide to MetPlus Telecom details of all the related services that

2.5 Date of Contract being the day the contract was set up.

2.6 It wishes to receive relating to any telephone number that the Customer wishes to use. MetPlus Telecom will provide network Services through such party as it deems appropriate.

2.7 The Customer shall give MetPlus Telecom at least 30 days written notice in the event that above average use of the Services is likely to occur. MetPlus Telecom shall not be liable for failure/withdrawal of any part of the Services should such notice not be given. MetPlus Telecom’s acceptable use policy and fair usage policy form part of this agreement and includes any restrictions imposed on MetPlus Telecom by the provider to it of the Services and/or Equipment and Designed to protect the level & Quality of the service that MetPlus Telecom offers to all of its customers and permits MetPlus Telecom approximate only and that the level of service that can be obtained by the Customer will be to regulate the Customer’s use of the Services. The Customer acknowledges that, in respect of any broadband speeds, any speeds quoted by MetPlus Telecom dependent on factors outside the control of MetPlus Telecom including but not limited to the geographical proximity of the Customer to the local exchange and the quality of the infrastructure serving the Customer’s premises.

2.8 The Customer hereby specifically authorizes MetPlus Telecom to send/resend CPS during the continuance of this agreement, and hereby waives MetPlus Telecom’s obligation to notify it of the same being done. If the Customer wishes to receive such notification then it must so inform MetPlus Telecom in Writing

2.9 Where the Customer is a consumer within the definition of the OFcom regulations the Customer has the right to cancel the agreement within 10 working days of the date of the contract. Cancellation can be made by notifying MetPlus Telecom by fax, email or telephone. Any services used within this period will be chargeable. Any third party costs incurred by MetPlus Telecom within this period at the request of the Customer will be chargeable. Cancellation charges may apply if the service is terminated outside of prescribed timescale.

2.9.1 Where the Customer is not a consumer within the definition of the OFCOM regulations but is entitled or permitted by MetPlus Telecom to cancel the agreement during any initial cancellation period, any services used within this period will be chargeable and any third party costs (including cancellation fees) incurred by MetPlus Telecom within this period at the request of the Customer will be chargeable. Cancellation charges may apply if the service is terminated outside of prescribed timescale.

2.10 Where the Customer is a consumer within the definition of the OFCOM regulations the Customer has the right to take unresolved complaints to an approved Alternative Dispute Resolution agency eight weeks after the complaint was made. CISAS and OTELO is an independent approved Alternative Dispute Resolution agency which provides this service free of charge.

2.11 You agree that we may prevent your transfer to another provider under the conditions wherein you have not cleared all outstanding dues with us or if you have not provided us with at least one months’ written notice to end this Agreement at the end of the initial period or at the end of any subsequent year of supply.

3. Term

3.1 MetPlus Telecom may terminate this agreement immediately if:

3.1.1 Any license or agreement under which MetPlus Telecom or the Customer has the right to run its telecommunications system and in the case of the Customer connect it to the MetPlus Telecom system is revoked, amended or otherwise ceases to be valid; or

3.1.2 The Customer is suspected, in the reasonable opinion of MetPlus Telecom, of involvement with fraud or attempted fraud in connection with use of the Services or this Agreement; or

3.1.3 MetPlus Telecom reasonably suspects that the Customer is unable to pay or is refusing to pay MetPlus Telecom charges and/or budget plan payments.

4. Access to premises

4.1 To enable MetPlus Telecom to comply with its obligations under the Agreement:

4.1.1 The Customer shall allow or procure permission for MetPlus Telecom and any other person(s) authorized by MetPlus Telecom to have reasonable access to the Customer’s premises and the Services’ connection points or, where network connection services form part of the Services, such location on the Customer’s premises and/or any neighbouring premises as MetPlus Telecom reasonably requires and shall at all times provide such reasonable assistance as MetPlus Telecom requests.

4.1.2 MetPlus Telecom will endeavour to carry out work by appointment and during normal working hours, but may request the Customer to provide access at other times. If at the request of the Customer MetPlus Telecom carries out work outside its normal working hours the Customer will be responsible for MetPlus Telecom’s reasonable additional charges.

4.2 Where Open reach Charges MetPlus Telecom for repairs (and or engineering call out) and the fault is due to damage to the Customer’s equipment, MetPlus Telecom reserves the right to invoice the Customer for the amount of such Open reach charge together with an administration charge of £25.

5. Charges and Payment

5.1 There will be an ETF (Early Termination Fee) charge applicable if the contract is cancelled by the customer after the cooling off period but before the end of the Contract Term and must be provided in writing 30 days in advance to METPLUS. Termination fee of £349 plus VAT (If Applicable) per Line/Channel for Fixed line telephony and £139.99 plus VAT (If Applicable) for each Broadband connection from the customer.

5.2 Following the expiration of a trial period that may be provided to you at the sole discretion of MetPlus Telecom and unless otherwise specified in writing by MetPlus Telecom the Customer agrees to pay MetPlus Telecom’s charges and/or budget plan payments monthly by Direct Debit, the first payment to be made at the discretion of MetPlus Telecom within thirty days of the start of the provision of the Services and in Accordance with the applicable tariffs. Where network connection and/or line rental services form part of the Services the charges shall be paid in advance.

5.3 The customers authorized MetPlus Telecom to vary the amount frequency and time of any Direct Debit to such level as MetPlus Telecom deem reasonably appropriate (a) to take account of either an increase or decrease in usage of the Services by the Customer (b) to reduce such indebtedness of the Customer to MetPlus Telecom and/or (c) to such other operational matter affecting the Services as MetPlus Telecom shall in its discretion deem reasonable.

5.4 If any payment is cancelled or returned unpaid by the Customer’s bank or if the Customer fails to discharge any invoice within 7 days of its date, then without prejudice to any right or remedies under this Agreement, MetPlus Telecom shall from the time of such failure provide the Services at the standard published usage charges and in addition the Customer agrees to pay MetPlus Telecom an administration fee of £25.00. For the avoidance of doubt the time of payment is of the essence of this Agreement and a failure to pay on time or the cancellation of a Direct Debit shall be a material breach of contract allowing MetPlus Telecom to terminate this Agreement immediately. Invoices paid via any other mode apart from Direct Debit can incur a Payment Processing fee charge of £9.50p plus VAT(If Applicable). All Invoices dispatched through postal delivery will incur a charge of £3.99 plus VAT(If Applicable) whereas E-bill stands to be free of charge6

5.5 In case of payment failure through Direct Debit a charge of £20 will be incurred each time there is a payment decline

5.6 Metplus dispatches all the invoices for all the customers on 10th of every month. The Due date for payment on the invoices is 22nd of the same month. If customer does not make payments within the time Metplus reserve the right to put outgoing call barring on the customer’s number the following day. Metplus would be sending a text message to the respective customers to inform the same. Metplus reserves the right to call the respective customers in regards to the payment of the dues every day forward post that. If the customer does not make payment within 6 days from the day outgoing call was barred, Metplus reserves the right to put the customer’s phone number in the “Temporary Out of Service” state. Once Temporary Out of Service is applied on line a charge of £30 per line will be applied in next invoice. If the customer does not make payment within 13 days from the day the customer’s phone number was put in “Temporary Out of Service” state, Metplus reserves the right to cease the phone line of the customer. This non payment of dues and subsequent ceasing of the lines would be treated as breach of this Agreement on the customer’s behalf and Metplus reserves the right to charge Termination fee of £349 plus VAT (If Applicable) per Line/Channel for Fixed line telephony and £139.99 plus VAT(If Applicable) for each Broadband connection from the customer. Should you wish to restart the line (after line is ceased) restart cost of £99 plus VAT (If Applicable) will apply for each line restarted. Once the line is ceased Metplus will not be liable for the loss of telephone number.

5.7 The Customer remains liable for all charges whether the Customer or someone else used the services and whether the services were used with the Customer’s knowledge and consent or otherwise including and not limited to calls made by a rogue callers and calls made by any third party who has gained unauthorized access to the Customer’s system.

5.8 Each invoice will reflect a Support Service charge of £3.49 plus VAT (If Applicable) and Wholesale Fraud Monitor charge of £2.50 plus VAT(If Applicable).

5.9 MetPlus Telecom retain the right to vary the charges set out in the tariff at any time upon giving the Customer 7 days’ notice such notice to be given either on the monthly invoice or on http://www.metplustelecom.co.uk and continued use of the Service is deemed acceptance of these changes.

5.10 Any calls that are routed by any means beyond the control of MetPlus Telecom and for which you are invoiced by another provider will remain the responsibility of the customer.

5.11 Calls are billed per minute.

5.12 All business prices exclude VAT.

5.13 All residential prices include VAT except the charge for Broadband. Broadband prices exclude

5.14 Call Connection Fee apply on all calls except inclusive call package, 14 p for mobile calls and 16p for all other calls. Prices subject to change effective 10/01/2018.

5.15 International Calls: All customers will be eligible to make International calls without any upfront deposit only post completion of six months out of their total contract period. Customers, who have not yet completed six months out of the total contract period however wish to make international calls, can do so with an upfront deposit of £50. Post making this deposit the facility to make international calls will be enabled and they would be provided a £75 limit of international calling time (actual minutes).

5.16 Fair Usage policy applies on unlimited tariffs. Our Fair Usage policy is 1200 minutes in Business Unlimited and 1000 minutes in Home Unlimited and Home Basic.

5.17 Calls listed as free are limited to 60 minutes and thereafter calls will be charged at standard tariff. You may disconnect and re-dial before 60 minutes have elapsed.

5.18 Fair Usage Policy for Unlimited Broadband is limited to 100GB every month once exceeded there will be a charge of £2 per GB.

6. Liability

6.1 Nothing in this agreement shall exclude or restrict the liability of either party for death or personal injury resulting from its negligence.

6.2 If the Services fails to operate or the Customer diverts traffic to another carrier, MetPlus Telecom will not be responsible for that carrier’s charges.

6.3 Neither party shall be responsible to the other in contract, to or otherwise for any loss of business, loss of data, contracts, anticipated savings or profits or for any other indirect or consequential loss whatsoever save that this exclusion shall not apply to the fraudulent activities of either party nor to any claw-back or other loss suffered by MetPlus Telecom pursuant to the determination by an airtime services provider that the Customer has used and/or provided services using the Equipment and/or Services which it deems a gateway.

7. General

7.1 MetPlus Telecom reserves the right to change the provider of the Services to it at any time; further MetPlus Telecom reserves the right to change these terms and conditions at its sole discretion by giving the Customer not less than 14 days’ notice (usually on the front page of the monthly bill and/or on its website at http://www.metplustelecom.co.uk), and continued use of the Services thereafter will be deemed acceptance of such changes

7.2 These terms and conditions together with any terms set out in the order constitute the entire agreement between the parties, supersede any previous agreement or understanding. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. In entering into this agreement the Customer acknowledges that it does not rely on any representations which are not confirmed in the terms of this agreement, but nothing in this agreement affects the liability of either party for fraudulent misrepresentation

7.3 The parties agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.

7.4 The laws of England shall govern this agreement, and the Customer agrees to submit to the exclusive jurisdiction of the English Court.

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