Please ensure you read and understand our terms and conditions, please feel free to contact us if you have any questions.

Issue No 8
Dated 28/09/2009

The Service we promise to provide

What you agree to do

If things go wrong

Changing and ending the agreement

The other things we need to tell you

These Terms and Conditions apply to new and existing customers and are effective from the implementation date shown on the Agreement.

The Service we promise to provide

1. What the service is
The Service we (Focus 4 U Ltd) supply to you (our Customer) is the ability to make or receive a call (or both). The Service does not include any phones or other equipment that we may supply to you under a separate agreement. In providing the Service, we promise to use the reasonable skill and care of a competent telecommunications service provider.
2. Things we may have to do
2.1 We may have to do some things that could affect the Service. These things are listed in paragraph 2.2.
If we have to interrupt the Service we will restore it as quickly as we can.
2.2 Occasionally we may have to:
(a) Change the technical specification of the service for operational reasons;
(b) Interrupt the Service for operational reasons or because of an emergency;
(c) Give you instructions that we believe are necessary for health or safety, or for the quality of the service that we supply to you or to our other customers.
3. Phone number
3.1 You have no right to sell or to agree to transfer the number provided to you for use with the service and you must not try to do so.
4. The Phone Book and Directory Enquiries
4.1 We will add your name, address and the phone number for the service to the Directory Enquiries Service, as soon as we can. However, we will not do so if you ask us not to.
4.2 If you want a special entry in The Phone Book you must let us know. Where we agree to a special entry you must pay an extra charge and sign a separate agreement for that entry.
5. Call Monitoring
We may occasionally monitor and record calls made to or by us relating to customer services and telemarketing. We do this for training purposes and to improve the quality of our customer services, including complaint handling.
6. Use of your information
6.1 We will use the information we have about you and your use of the service for marketing purposes. However, we will not do so if you ask us not to.
6.2 For your information we process your billing data and information about your use of Focus 4 U's service (this includes information about your bill size, the numbers you call and the times you call) for marketing our own telecommunications products and services. This allows us to better inform you about products, services, pricing packages and special offers which we provide and which we believe may be of particular interest to you. We do not disclose this information to anyone else . We need your consent to continue to give you all the benefits that this processing provides and will assume we have it, unless you tell us otherwise by writing to us at; Focus 4 U Ltd, Hove technology Centre, St Josephs Close, Hove, East Sussex BN3 7ES
7. When we will provide the Service
We will provide you with the Service by the date we agree with you. Unless a reason covered by paragraph 12 or 13 becomes applicable.
8. Repairing Faults
8.1 We cannot guarantee that the service will never be faulty. However, if we do not put right a failure of the service within the time limits set out in our Fault Handling Document, we will implement escalation procedures. If requested by you we will apply for compensation from Openreach, unless they fail to resolve the fault for a reason covered by paragraph 12 or13.
8.2 We will work on any fault that is reported to us according to the repair service we have agreed to provide to you. These repair services are explained in our Fault Handling Document.
8.3 If you tell us there is a fault in the Service and we find either that there is not or that someone at your premises has caused the fault, we may charge you for any work we have done to try to find the fault or to repair it. Details of these charges can be provided upon request.

What you agree to do

9. Paying our charges for the Service
9.1 Charges
You must pay the charges for the Service as set out in our Price List. This applies whether you use the Service or someone else does. We can change the charges as explained in paragraph 15.2.
9.2 Rental
You must pay us rental from the day we supply the Service. We will ask you to pay the rental in advance. The rental will depend on how we classify your line. The classifications are explained in our Price List. If we supply you with temporary Service, you may have to pay the rental in advance for the whole period that you want the Service.
9.3 Calculating the Call charges
We will calculate the charges for Calls using the details recorded at the telephone exchange.
9.4 Bills
We will send you your first bill shortly after we provide the Service. We will send you further bills monthly, but we may send you a bill at any time. We will include all charges on your next bill where possible, and in any event as soon as we can. We will send bills to the address you ask us to.
9.5 Payments in advance, deposits and Credit Levels
(a) We may ask you for a payment before one is normally due. This will not be more than the connection charge and rental for the Minimum Period, except in circumstances where we send you a bill because you have exceeded your agreed Credit Level.
(b) We may ask for a deposit at any time, as security for payment of your bills if it is reasonable for us to do so. Our procedures for deposits are published in our office.
9.6 When you must pay
You must pay all charges and rental as soon as you receive your bill and deposits when we ask for them. Our standard payment terms are payment within 14 days by direct debit unless agreed otherwise in writing. If at any time a direct debit is not in place (e.g. due to cancellation) then payment must be made by another means within 14 days. Payments made outside these terms may result in a ‘Late payment fee’ being charged to the account of £10 Ex.Vat. for every month that is overdue . We retain ownership of the telephone numbers on which the Service is provided until such time that all monies due have been paid by the customer.
9.7. Minimum invoice policy
Due to the level of administration required to create, process and dispatch each invoice, we may choose to implement a 'minimum invoice policy'. This would apply to customers whose total monthly invoice is less than £4.25 Ex.Vat.

10. Your other responsibilities
10.1 Misuse of the Service
Nobody must use the Service:
(a) To make offensive, indecent, menacing, nuisance or hoax Calls;
(b) Fraudulently or in connection with a criminal offence; and you must make sure that this does not happen. The action we can take if this happens is explained in paragraph 13.4. If a claim is made against us because the Service is misused in this way, you must reimburse us in respect of any sums we are obliged to pay.
10.2 Indemnity
If you use the Service for business purposes, you must indemnify us against any claims that anyone (other than you) threatens or makes against us because the Service is faulty or cannot be used by them.

If things go wrong

11. If we break this agreement
11.1 We accept liability for being late in providing the Service or repairing a failure of the Service, or for failing to keep an appointment, unless for a reason covered by paragraph 12. However, our liability is limited as set out in this paragraph.
11.2 We have no liability for any loss that is not reasonably foreseeable, nor any loss of business, revenue, profit, or savings you expected to make, wasted expense, financial loss or data being lost or harmed.
11.3 Any liability we have of any sort (including any liability because of our negligence) is limited to £1 million for any one event or any series of related events, and in any 12-month period to £1 million in total.
11.4 Each part of this agreement that excludes or limits our liability operates separately. If any part is disallowed or is not effective, the other parts will continue to apply.

12. Matters beyond our reasonable control
If we cannot do what we have promised in this agreement because of something beyond our reasonable control such as lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, national or local emergency, anything done by government or other competent authority or industrial disputes of any kind, (including those involving our employees), we will not be liable for this.

13. If you break this agreement
13.1 We can suspend the Service or end the agreement (or both) at any time without telling you if:
(a) You break this agreement or any other agreement you have with us for telephone services and fail to remedy the breach within a reasonable time of being asked to do so;
(b) We believe that the Service is being used in a way forbidden by paragraph 10.1. This applies even if you do not know that the Calls are being made or the Service is being used in such a way;
(c) Bankruptcy or insolvency proceedings are brought against you, or if you do not make any payment under a judgment of a Court on time, or you make an arrangement with your creditors, or a receiver or administrator is appointed over any of your assets, or you go into liquidation.
13.2 If your agreed Credit Level is reached before your next monthly bill is sent to you, we will inform you of the amount you have spent and agree any necessary action. If you have a limited payment history for the Service (less than 3 bills received and paid in full) we may also restrict your ability to make outgoing calls pending payment of charges accrued on our billing system.
13.3 If a payment is late, we will not suspend the Service or end the agreement until 14 days after the payment was due. However, if we suspend the Service and you miss another payment during the 12 months after we provide the Service again, we may then suspend the Service or end the agreement (or both) 7 days after the payment was due. In the case of a bill for Call charges only we may suspend the Service or end the agreement (or both) 14 days after payment was due. Cheques not honoured or Direct Debit returns will be given 24 hours to rectify, if not then immediate suspension of all services will ensue. Re-connection of services that have been suspended due to late payment are subject to a £50 reconnection fee.
13.4 If we suspend the Service, we will not provide it again until you do what you have agreed, or satisfy us that you will do so in future or that the Service will not be used in a way that is forbidden by paragraph 10.1.
13.5 If we suspend the Service because you break this agreement, the agreement will still continue. You must pay us rental until we end the agreement by giving notice under paragraph 15 or we end the agreement by giving notice under paragraph 18.1.
13.6 All invoices are due for payment within 14 days of the invoice date. Any invoice outstanding after a further 14 days beyond this period will be referred to Daniels Silverman Limited and will be subject to a surcharge of 15% plus vat to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.
13.7 We reserve the right to terminate your service and/or to resell your numbers in the event that your account remains unpaid for over 30 days past the agreed payment terms as laid out in paragraph 9.6.

14. Arbitration
If we cannot resolve any dispute with you, you can refer the dispute to the Chartered Institute of Arbitrators.

Changing and ending the agreement

15. The Agreement
This agreement shall come into force on and with effect from the date shown overleaf and shall continue for a minimum period of thirty six months from the date of connection (the “Minimum Term”) and, after that, shall continue unless this Agreement is terminated by the Customer giving Focus 4 U no less than six months written notice by recorded delivery; such notice to expire at the end of the Minimum Term or at any time after that date.
Changing the agreement
15.1 In general
If you ask us to make any change to the Service you must confirm your request in writing.
15.2 Conditions
We can change the conditions of this agreement including our charges at any time. We will notify you with your monthly invoice and on www.focus4u.co.uk at least 2 weeks before it takes place. If you are a residential customer, we will also give you at least 2 weeks notice in accordance with paragraph 19.
16. Transferring the agreement
16.1 The Customer may not assign or transfer this agreement or any of its rights under it without Focus 4U Limited prior written consent. Focus 4U Limited may assign any or all rights and obligations under this Agreement by notice in writing to the Customer.
16.2 Any notice, invoice or any other document which may be given by either party under this agreement shall be deemed to have been given if left at or sent by fax or post. All post sent to the customer shall be that of either the signed agreement or the invoice address.
16.3 If any provision of this agreement should be deemed invalid, unlawful or unenforceable in any respect the remaining Provisions shall continue to the fullest extent of the permitted law.
17. Cancelling the Service before it is provided
You may cancel Service any time up to 7 days before agreed date of provision. However, if you have ordered Service for business use you must pay for any work we have performed or monies we have expended.
18. Ending the agreement after the Service is provided
18.1 This agreement, or the supply of the Service, can be ended by us giving 14 days notice from us to you.
18.2 You must pay all charges for the Service until the date on which we stop providing the Service to you.
18.3 We can end this agreement at any time without telling you if paragraph 13.1 applies.
18.4 In the event that the customer wishes to terminate the agreement before the end of the Minimum Term and/or does not wish to serve out its notice obligation in accordance with Clause 15, the Customer shall be obliged to pay to Focus 4 U a “Termination Charge”. Such Termination Charge shall be equal to the aggregate of all arrears of charges due but not paid at the date of the early termination; plus any interest charges for late payment; plus a lump sum which shall be the total of the charges which would have become due in the period from the date of the termination till the end of the Minimum Term and (if relevant) the notice period (calculated by reference to the Customer’s average invoices in the 3 months prior to the termination date).

The other things we need to tell you

19. How to give notice
Any notice given under this agreement must be delivered by hand or sent by email or prepaid post as follows:
(a)To us at the address shown on the Network Service Order form, or on your last bill, or at any other address we give you;
(b) To you at the address you have asked us to send bills to.
20. Maintenance and Broadband Terms & Conditions
Separate terms and conditions covering the maintenance of your equipment and broadband services can be found on our website ( www.focus4u.co.uk). Maintenance prices increase annually by 8% and hardware replaced under the maintenance agreement remains the property of Focus 4 U Ltd even after it has been installed on the customer’s premises.
21. Third Party Rights
A person who is not a party to this agreement, has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
22. Explanations of certain words
"Call,” means a signal, message or communication that is silent, spoken or visual on each line that we agree to provide to you under this agreement.
"Credit Level" means the sum of money; you agree with us, you expect to spend on Call Charges during the period covered by your bills.
"Your equipment" means equipment that is not part of our network and which you use or intend to use with the Service.
"Failure of the Service" means the continuous total loss of the ability to make or to receive Calls or the continuous total loss of a related service.
"Your line" means a connection to our network.
"Main telephone socket" means the point where your equipment is connected to our network, which is called the Network Termination Point in your license.
"Minimum Term" means the term stated on the Network Services Order Form,
"Your premises” means the place where the Service is or will be provided.
"Relevant standards" means the standards designated in Section 22 of the Telecommunications Act 1984
"Service" means all or part of the Service explained in paragraph 1 and any related services listed in our Price List that we agree to provide to you under this agreement.
“We" and "us" means Focus 4 U Limited
"Working day" means Monday to Friday 9.00 am to 5.00 pm not including Public Holidays.
"You" means the customer we make this agreement with. It includes a person who we reasonably believe is acting with the customer's authority or knowledge. END