Business Terms and Conditions
A quick view of our Business Terms & Conditions for Fixed Line, Broadband Services with Zest4. The full unabridged version is on www.zest4.com or on request.
This Contract sets out the terms on which All Communications trading as Zest4 (All Communications registered in England with number 07983353) will provide telecommunications services to you, the Customer, with whom we make this contract (“you”). By using the Service(s) as defined below you agree to the following terms and conditions.
Definitions in this contract:
“Acceptable Use Limit” Fair usage by the customer as per the website.
“Billing Period” The period the bill covers.
“Broadband service” The service we provide
“Call Charge” Our price list.
“Charges” The cost to the customer to use or provision the services.
“Committed Period” means the minimum period for which a Contract for each Service(s) will run commencing on the Connection Date.
“Connection Charge” As set out in the price list.
“Connection Date” The date of the connection of the Service(s).
“Contract” Means this contract agreement between Zest4 and the Customer, as agreed over the telephone, completed in person or on our website by our Customer or on the Customers behalf.
“Cooling Off Period” Means the period of Days from the Date of the Welcome letter to the provision of the service, during which you may cancel the contract.
“Zest4” Means All Communications of 308 Moseley Road, Manchester M19 2LH
“Fixed Line Services” Means any Telephony or Broadband communications services provided by Zest4 as part of this Contract.
“Inclusive Calls” Means a call routing across the Zest4 network, lasting up to 60 minutes, as directed by your Price List.
“Line Extras” Such as a call divert, 1571, call minder etc.
“Line Rental Service” Means the service to rent access to the telephone line.
“Network” Means the electronic communications network(s) over which we provide the Service(s) which may not be the BT Network.
“Recorded Conversations” All inbound and sales calls are recorded for training and quality purposes. Sales calls will be used to substantiate contract issues.
“Start Date” Means the date upon which you either sign this Contract or if you have ordered the Service(s) over the telephone or via the internet, the date upon which you set up your Contract.
When this Contract Begins and How Long it Lasts:
This contract will commence on the Start Date and will continue for the Committed Period, 28 days written notice is required thereafter should you wish to leave us after the contract period ends. See product leaflet to determine contract length.
How we Charge and how you Pay – All Services:
Charges will be payable with immediate effect from the date that a Service or any part of a Service is first provisioned for you for your use. The basis upon which we Charge you for the Services will be set out in the literature we send you on commencement of the Service(s) or your signed Service Agreement.
- All prices are stated exclusive of VAT and are subject to VAT and any other applicable taxes. You will be responsible for paying VAT and other applicable taxes which will be included in our invoices at the applicable rate(s).
- All time related portions of any call charges are calculated per second.
- Some calls are subject to call access or connection fees as stipulated in our Price List, or agreed Contract. Premium Rate, Direct Enquiries, Operator Assistance call rates are subject to change and/or the requested service.
- You will pay invoices within 10 calendar days of the date of the invoice unless otherwise agreed.
- Where under this Contract an Engineer Charge, Service Charge, or other Third Party charge is incurred in the provision or maintenance of any Service(s) rendered by Zest4, those amounts will be payable.
- We may vary our Charges at any time by positing the resulting changes on Our Website or otherwise giving you notice. The revised Charges will apply to all Services provided after the effective date of the price change notification.
- Monies taken in the first payment are non-refundable.
- Any invoices which are disputed must be done so within 1 month of the date of issue otherwise the invoices will be deemed to be correct. If you wish to dispute an invoice you must write to us and provide us with (i) nature and reason for dispute, (ii) amount in dispute, (iii) any evidence to support the disputed amount. Undisputed amounts must be paid in full.
- In the case of this Contract being dishonoured, any waived or discounted installation charges will be due in full with immediate effect.
- Any service provided as part of this contract as Free, or Inclusive, or as a Reward for honouring the Contract will be null and void for failing to adhere to the terms within.
- Paper bills are charged at £1.00 per bill sent to cover production and postage costs.
- Paper free billing (email) is free of charge.
- Copies of the initial sales recording if required are available at a £4.16 charge.
- Payments are by Direct Debit only.
- If a Direct Debit is dishonoured or cancelled we shall suspend or restrict your service until payment is made and be entitled to pass on to you a fee of £12.50 ex. Vat to cover administration costs third party charges each month until the outstanding amount is settled.
- Interest may be charged on all overdue amounts from time to time on a daily basis at a rate of 4% above the base rate of the Royal Bank of Scotland plc, to run from the due date of payment until the receipt by us of the full amount.
- Reconnection of a suspended or restricted service is £12.50 ex. Vat to cover administration costs and third party charges.
- Non Direct Debit accounts will incur a £3.00 ex. Vat monthly charge.
- Payments made by Debt or Credit Card are subject to 2% processing fee.
- Copy invoices can be provided. A minimum administration charge of £12.50 ex. Vat will be due in any instance that archived call data is required in addition to postage & packaging.
- Any Subject Access Request is £8.33 (as per Data Protection Act).
- Carriage Charges may be due on any communication and/or provision of equipment.
What Level of Service We Will Provide to You:
- We will provide the Fixed Line Service(s) in accordance with the terms of this Contract.
- We will use reasonable skill and care when providing the Fixed Line Service(s).
- We will operate a Technical Support Helpline to provide information and advice to you on any technical issues relating to your use of your Service(s).
- We will endeavour to provide any Zest4 provisioned Broadband Service to you up to the data transmission speed you request. However, we cannot guarantee this and the speed of your connection and download times may be slower if our network or the internet is congested.
- If you elect to apply for the Line Rental Service(s) and already receive line rental service(s) from another provider, this other service will continue until the transfer to our Fixed Line Service is complete unless your other provider agrees that it can be done earlier.
- To place a Contract to receive and use the Broadband Service you will need an existing BT or any other non-Cable network telephone line; a personal computer of minimum specification; and compatible cables and extension leads between your PC, modem and telephone socket.
- Before we can confirm that we will provide you with the Broadband Service your telephone line will need to be tested and checked to ensure the availability in your area and compatibility of your line.
- You must cancel any other broadband service supplied by another company where applicable.
- If you are migrating to our Broadband Service from your current supplier then you will require a Migration Authorisation Code (“MAC”) from your current supplier. This can be requested from your supplier and will be valid for 30 days from the date of issue. It is your duty to obtain this code and ensure that you provide this to us in sufficient time to process your migration. We will not be responsible for any delay, costs, expenses, loss or damage arising or incurred by your through failure to connect you to the Broadband Service. Your migration to the Broadband Service is subject to any migration charge applicable at the time you place your Contract.
- During the Contract you may re-grade your service at any time provided that it is only once in every thirty (30) days. Re-grades are subject to availability and payment of applicable charges.
- Zest4 retains the right to upgrade your service or make any necessary changes to its provision in order to ensure that we meet our contractual obligations. We will notify you of any changes where applicable and make efforts to make any changes seamless.
Equipment & Hardware:
- Equipment and/or Hardware supplied by us shall be at your risk immediately on delivery to your premises.
- We reserve the right to charge carriage in cases where you refuse to accept delivery of goods supplied by us in response to a duly authorised Contract received from you.
In case of faults or failure of services:
- Where you believe you are experiencing a Service Failure you must immediately report this to us via Customer Services providing sufficient information to enable us to investigate the problem.
- We do not guarantee that the Service(s) will be continuously available to you or free from Service Failures. No compensation will be due should this occur.
- You recognise that the Fixed Line Service may from time to time be adversely affected by local geography, topography and/or atmospheric conditions and other causes of interference and may fail or require maintenance without notice. You further acknowledge that we shall have no liability for failure of the Fixed Line Service or the Equipment and/or Hardware unless and to the extent caused by our negligence or fraudulent misrepresentation.
- Should an Openreach engineer need to visit to repair a fault, faults up to your premises should not incur a charge. Internal faults or repairs are fully chargeable. The Customer will agree to accept any such charges prior to the company issuing an engineer visit.
- Despite line tests carried out on your Fixed Line in certain limited circumstances that are beyond our control this line test may prove false. As a result we may not be able to provide specific services to you. In such cases we will notify you as soon as possible.
- We do not warrant or guarantee the accuracy or completeness of any content provided with the Broadband Service.
You agree that in respect of the Service(s) you will:
Not use, or allow others to use, any of the Service(s):
- To contravene or cause us to contravene any legislation;
- To contravene our Fair Usage Policy (where applicable) or our Acceptable Use Limit (where applicable);
- For any improper, immoral or unlawful purpose;
- To enable or permit unauthorised access by you or third parties to data stored on our network;
- To cause a degradation of any service to any of our other customers;
- To involve the sending of unsolicited marketing or advertising materials;
- To harass or make unsolicited calls;
- To bring Zest4 into disrepute;
- To pervert, or conspire to pervert, the course of justice;
- Comply with any reasonable instructions issued by us which concern your use of the Services.
- Comply with any instructions we provide with regards to your Broadband Service.
- Not cause material damage to the network or degradation of the network materials through neglect or mistreatment.
- Not by misrepresentation attempt to defraud Zest4, or otherwise exploit any terms of the Contract or Agreement to the material detriment of the company.
Your Use of the Services – General:
- It is your responsibility to ensure the compatibility of the Fixed Line Service(s) with any monitored alarm system you may have. You agree to ensure that you are not in contract with another Service Provider before entering into this Contract. We are not responsible for any fees or charges imposed by another service provider.
- Although our services may include Inclusive Calls, calls to the Channel Islands and the Isle of Man are not automatically included. In addition your Zest4 Service may not include the ability to make calls to the following countries unless we permit such access (at our own discretion): Bangladesh, Columbia, India, Kuwait, Nigeria, Pakistan, San Tome & Principe, Taiwan, 6 & 7 in Lichtenstein and both Global Mobile Satellite and Inmarsat.
- We may withdraw your ability to make calls to any destination at any time at our discretion without notice to you.
- If your Price List Plan includes Inclusive Calls, these Inclusive Calls shall not be charged for the first 60 minutes of each call. Thereafter the standard Charges relevant to your Price List for the Services you receive will apply for all minutes (or part minutes) in excess of 60 minutes.
- Inclusive Calls are only available to Customers who make calls in the UK and who use Zest4 as their sole provider of calls.
- Inclusive Calls are only available for voice calls to UK destinations that start with 01, 02, 03, 0845 & 0870 (not ‘Data’, ‘Internet’ or ‘Indirect Usage’ and excludes all other numbers). Only calls made over the Zest4 network can be Inclusive Calls.
- Calls outside of any Inclusive package or bundle will be charged at the advertised rate as stated in your Contract or Price List.
- All calls routing across Zest4 network from a Contracted Line Rental Service are liable to be paid for by the owner of that line. Ensuring the secure use of and access to your line is responsibility.
- Where we allocate any telephone numbers or codes as part of the Service(s), you acknowledge that you will not acquire any legal, equitable or other rights in relation to any numbers or codes.
- All Inclusive Call Packages are subject to Acceptable Use Policies (see full Terms & Conditions for details).
- You will be allocated a username and password in order to access the Broadband Service. You will be responsible for keeping this username and password confidential and agree to take all necessary steps to ensure their confidentiality and that they are not disclosed to unauthorised third parties.
- Where we provide you with one or more e-mail address as part of providing the Broadband Service you acknowledge that such email addresses are not your property.
- All Broadband services are subject to Fair Usage Policies. Where applicable Over-usage charges can be applied (see full Terms & Conditions for details)
Ending the contract:
- In the event you seek to cancel the Contract with the end of the Committed Period, you will incur in Early Termination Charge of your existing line rental & service charges x the remaining contract months (part month charged as full month) and a one off charge of £20.83 excluding VAT. Charges are per Service up to a maximum of £500 each depending on the type of line service and features provided (see “Early Termination Charges: Business”).
- If you wish to cancel the Contract for the Service(s) or any part of it, you have the Cooling Off Period to do so by sending us a letter, email or fax to our Customer Services department no later than 2 days prior to the go-live date.
- Any equipment supplied to you must be returned in “as new” condition and in the original packaging. If you do not return the equipment and/or hardware you will be considered to wish to retain and will be invoiced directly.
- If you do not return any equipment paid for we will not refund any payment that you have made in respect thereof.
- In the event that the rental of any telephone line party to this Contract is terminated by any provider other than Zest4 such that the Broadband is unable to operate normally, the Broadband service will be terminated and your will be liable to us for the charges that remain due for the Committed Period.
Our Rights to Suspend the Services:
We may suspend the provision of any Service(s) without prejudice to your liability to continue to pay any accrued Charges without compensation;
- If you fail to meet any of your obligations under this Contract.
- If technical limitations exist or arise which make the provision of the Service(s) impossible.
- If technical limitations exist or arise which materially limit the functionality or performance of the Service(s).
- Where necessary for operational reasons such as repairs, upgrades to the Service(s) or maintenance.
- Where we are obliged to comply with any Contract, instruction or request of a competent governmental regulatory or other authority.
- If the Credit Limit for this Contract is exceeded.
We may at our sole discretion and at any time during the lifetime of the Contract impose a Credit Limit on your account.
- Any Credit Limit imposed can be amended without prior notice. If you exceed such Credit Limit (i) we may demand immediate payment of the Charges and/or suspend any Services provided by Zest4 and (ii) you will still be responsible for all Charges incurred including those exceeding the Credit Limit.
- If at any time we require you to pay a security deposit we may (i) suspend provision of any Service(s) until we receive payment of the security deposit and (ii) at any time apply the security deposit (once paid) to meet any cost, loss or liability incurred as a result of any failure by you to comply with these terms or to pay any amount you owe to us.
- We reserve the right to withhold or withdraw discounts on any invoices that remain unpaid at our own discretion without notice.
We may terminate this Contract & Provision of Service with immediate effect by notice in writing if:
- You fail to pay any sums due to us within 14 days of receiving written notice from us indicating the sums due and demanding payment.
- You are in material breach of this Contract which breach is capable of remedy and failure to remedy that breach within 30 days of receiving the notice specifying the breach.
- You are in material breach of this Contract and that breach cannot be remedied.
- You commit persistent breaches of the Contract.
- You make voluntary arrangements with your creditors or become subject to an administrative order or go into liquidation, whether voluntary or compulsory (other than for the purposes of reconstruction or amalgamation).
Code of Practice:
In response to Ofcom’s publication of its “Statement and Notification on Protecting Citizens and Consumers from Mis-Selling of Fixed-Line Telecoms Services” (the “Ofcom Guidelines”), we have produced a Zest4 Code of Practice and Sales and Marketing Code of Practice to protect your rights in this area. A full copy of this will be issued to you and/or is available on our website, or upon request from us.
Excluding for debt recovery, Zest4 will not disclose to any third party any confidential information as a result of this Contract.
- Should you have a complaint which cannot be resolved over the phone, you must write/email your complaint to our complaints department. There will then follow an 8 week period to resolve your complaint. If this time passes or we issue a “Dead Lock” letter to you then you may approach the independent arbitrator to have them look into your case. Details can be found in our Codes or Practice.
Events outside our Reasonable Control:
- For the avoidance of doubt, circumstances beyond our reasonable control include but are not limited to act of God, war or riot, civil disobedience, national emergency, strikes and other labour disputes, fire, flood, act of terrorism, vandalism, power failures, non-availability of any third party telecommunication service, breakdown of any equipment and/or hardware not supplied by us, Acts of Government or other competent authority.
No compensation will be due if the above occurs.
Third Party Rights:
- A third party which is not a party to this Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Contract.
Assigning the Contract:
We may assign, sub-contract or otherwise transfer this Contract or any part of it to any third party in our absolute discretion. You may not assign, sub-license or otherwise transfer this Contract or any of your rights or obligations arising under it without our written consent.
- The Contract sets out the whole agreement between you and us for the provision of the Service(s) and supersedes all prior arrangements, understandings and agreements between You and Us.
- Notices must be in writing and shall be served by hand delivering it or sending it by pre-paid first class post, or registered post, or prepaid recorded delivery.
- The failure or delay by us in exercising any of our rights, powers or remedies under this Contract shall not in any circumstances impair such right, power or remedy nor operate as a waiver of it.
- If any particular clause of the Contract shall be or be held to be invalid or unenforceable by any court or other competent body or authority, the enforceability of any other clauses in this Contract shall not be affected and they shall continue in full force and effect.
- This Contract will be construed in accordance with and governed by the Laws of England.
- In the event of any dispute relating to or arising from this Contract the parties agree to submit to the non-excluding jurisdiction of the English court.
Terms and Conditions - November 2012