Terms and Conditions

1. Definitions

1.1. The Opton Services are only available to people aged 18 and over who have a BT phone line and who live in the UK.

1.2. You must be the owner (or authorised by the owner) of the phone line(s) that you register with us.

1.3. If you do not choose our line rental service, you will need to continue paying BT or your current line rental service provider for the rental of your line

1.4. By submitting your details during registration on our web site or by giving us your details over the phone or through the post or by signing an application form you will be agreeing to enter into an agreement with us. This agreement will begin when we accept your application. This agreement is the entire agreement between you and us with regard to the Services.

1.5. You promise that the details that you have supplied us with are true and accurate on the date you give them and that you’ll let us know immediately if any of them change.

1.6. You may register once and may maintain only one account.

1.7. It is your responsibility to keep your Opton personal password safe. If you do give anyone your password, you’ll be responsible for any unauthorised use of your Opton account until you notify us about this misuse and give us a reasonable amount of time to suspend authorisation of your password. If you suspect that any unauthorised person is using your Opton account, then you must contact us immediately.

1.8. No one else is permitted to use your account. You may not use anyone else’s account.

1.9. We may change the Services and these Conditions at any time. We will give you notice of any changes by email or by writing to you and by publishing them on our web site.

1.10. You are responsible for ensuring the compatibility of our services with your requirements and equipment. It is your responsibility to ensure compatibility of the Opton Services with any monitored alarm systems and you should check this with your alarm system provider. If we suspend the Service at any time this will affect the operation of your monitored alarm system. We do not accept liability in connection with your monitored alarm system.

1.11. We do not guarantee the Services will be uninterrupted or fault free. However, if there are faults with the Services, we will try to fix them as quickly as we can. That is the limit of our responsibility.

1.12. Not withstanding the forgoing our total liability to you under this agreement is limited to the total charges you have paid in the 12 months before the loss or damage.

1.13. We are not liable for any indirect or consequential losses, including negligence, loss of profit, loss of savings including anticipated savings, loss of business contracts or any other loss howsoever arising.

1.14. You can contact us through our web site (www.Opton.co.uk) or by phone or by post (as detailed on the web site). We may contact you by email, phone, personal delivery or by pre-paid post.

1.15. We may suspend immediately the provision of the Service to you until further notice without compensation if we believe that you are in breach of these Terms & Conditions or if we are obliged to conform to an order from H M Government, emergency or law enforcement services or a supplier. If we suspend the Services to you, due to your breach of these Terms & Conditions, you shall reimburse us our costs and expenses reasonably incurred by our suspension of the Service and/or the recommencement of the provision of the Service to you. If we exercise the right to suspend the Service this shall not affect our right to terminate the Contract.

1.16. Neither you nor we shall be liable to the other for any loss or damage which may be suffered by the other due to any cause beyond its reasonable control.

1.17. Monitoring or recording of calls between you and us (or our suppliers) may take place for our quality and business purposes.

1.18. We may hold information that you provide to us or that we may obtain from another source (such as our suppliers, marketing organisations or credit reference agencies). You authorise us to hold and use your information and to pass that information to third parties to support us with our business activities which include service provision, credit checking, debt collection, billing, payment processing, customer service, marketing and legal or regulatory activity.

1.19. You may not transfer the whole or any part of this contract without our prior written consent. We reserve the right to assign, subtract, transfer or otherwise deal with the whole or any part of this contract at any time.

1.20. If you have a complaint or query regarding any aspect of the Service including your bill, please contact our Customer Services at support@optontelecom.co.uk or 0203 930 0572.

1.21. If you are not happy with our response to any complaint that you make you may refer your complaint to the Telecoms Ombudsman at https://www.ombudsman-services.org/sectors/communications or call at 0330 440 1614 or email to osenquiries@os-communications.org or write to Ombudsman Services: Communications, PO Box 730, Warrington, WA4 6WU.

1.22. We can cancel this agreement at any time by notifying you on one month’s notice. If we terminate this agreement you may not rejoin unless specifically invited to do so by us.

1.23. We may cancel this agreement immediately by giving notice to you at the email address you have given to us or by writing to you, if:

  • a) at any time any supplier ceases to provide services to us such that we are unable to continue to provide the Service to you
  • b) we are unable to collect any payment due
  • c) you go over your credit limit
  • d) your method of payment expires or is cancelled and not replaced;
  • e) you do not use your account for three months or more
  • f) you are declared bankrupt or you make an arrangement with your creditors
  • g) any aspect of the service is misused
  • h) you are or become, of unsound mind within the meaning of the Mental Health Act
    i) you break any of the terms of this agreement
  • j) there is unauthorised use of your password through your fault or neglect or
  • k) we have reasonable grounds for suspecting any of the above.

1.24. If a court decides that any part of this agreement cannot be enforced, that particular part of the agreement will not apply, but the rest of the agreement will.

1.25. This agreement is governed by English law and the English Courts have exclusive jurisdiction to resolve any disputes arising under it.

2. Overview

All our terms and conditions are published here. Please take time to read through these terms and conditions. You will be asked to accept them if you register for Opton Services.

3. General Terms

3.1. The Opton Services are only available to people aged 18 and over who have a BT phone line and who live in the UK.

3.2. You must be the owner (or authorised by the owner) of the phone line(s) that you register with us.

3.3. If you do not choose our line rental service, you will need to continue paying BT or your current line rental service provider for the rental of your line

3.4. By submitting your details during registration on our web site or by giving us your details over the phone or through the post or by signing an application form you will be agreeing to enter into an agreement with us. This agreement will begin when we accept your application. This agreement is the entire agreement between you and us with regard to the Services.

3.5. You promise that the details that you have supplied us with are true and accurate on the date you give them and that you’ll let us know immediately if any of them change.

3.6. You may register once and may maintain only one account.

3.7. It is your responsibility to keep your Opton personal password safe. If you do give anyone your password, you’ll be responsible for any unauthorised use of your Opton account until you notify us about this misuse and give us a reasonable amount of time to suspend authorisation of your password. If you suspect that any unauthorised person is using your Opton account, then you must contact us immediately.

3.8. No one else is permitted to use your account. You may not use anyone else’s account.

3.9. We may change the Services and these Conditions at any time. We will give you notice of any changes by email or by writing to you and by publishing them on our web site.

3.10. You are responsible for ensuring the compatibility of our services with your requirements and equipment. It is your responsibility to ensure compatibility of the Opton Services with any monitored alarm systems and you should check this with your alarm system provider. If we suspend the Service at any time this will affect the operation of your monitored alarm system. We do not accept liability in connection with your monitored alarm system.

3.11. We do not guarantee the Services will be uninterrupted or fault free. However, if there are faults with the Services, we will try to fix them as quickly as we can. That is the limit of our responsibility.

3.12. Not withstanding the forgoing our total liability to you under this agreement is limited to the total charges you have paid in the 12 months before the loss or damage.

3.13. We are not liable for any indirect or consequential losses, including negligence, loss of profit, loss of savings including anticipated savings, loss of business contracts or any other loss howsoever arising.

3.14. You can contact us through our web site (www.Opton.co.uk) or by phone or by post (as detailed on the web site). We may contact you by email, phone, personal delivery or by pre-paid post.

3.15. We may suspend immediately the provision of the Service to you until further notice without compensation if we believe that you are in breach of these Terms & Conditions or if we are obliged to conform to an order from H M Government, emergency or law enforcement services or a supplier. If we suspend the Services to you, due to your breach of these Terms & Conditions, you shall reimburse us our costs and expenses reasonably incurred by our suspension of the Service and/or the recommencement of the provision of the Service to you. If we exercise the right to suspend the Service this shall not affect our right to terminate the Contract.

3.16. Neither you nor we shall be liable to the other for any loss or damage which may be suffered by the other due to any cause beyond its reasonable control.

3.17. Monitoring or recording of calls between you and us (or our suppliers) may take place for our quality and business purposes.

3.18. We may hold information that you provide to us or that we may obtain from another source (such as our suppliers, marketing organisations or credit reference agencies). You authorise us to hold and use your information and to pass that information to third parties to support us with our business activities which include service provision, credit checking, debt collection, billing, payment processing, customer service, marketing and legal or regulatory activity.

3.19. You may not transfer the whole or any part of this contract without our prior written consent. We reserve the right to assign, subtract, transfer or otherwise deal with the whole or any part of this contract at any time.

3.20. If you have a complaint or query regarding any aspect of the Service including your bill, please contact our Customer Services at …………. or 0203 930 0572.

3.21. If you are not happy with our response to any complaint that you make you may refer your complaint to the Telecoms Ombudsman at https://www.ombudsman-services.org/sectors/communications or call at 0330 440 1614 or email to osenquiries@os-communications.org or write to Ombudsman Services: Communications, PO Box 730, Warrington, WA4 6WU.

3.22. We can cancel this agreement at any time by notifying you on one month’s notice. If we terminate this agreement you may not rejoin unless specifically invited to do so by us.

3.23. We may cancel this agreement immediately by giving notice to you at the email address you have given to us or by writing to you, if:

  • a) at any time any supplier ceases to provide services to us such that we are unable to continue to provide the Service to you
  • b) we are unable to collect any payment due
  • c) you go over your credit limit
  • d) your method of payment expires or is cancelled and not replaced;
  • e) you do not use your account for three months or more
  • f) you are declared bankrupt or you make an arrangement with your creditors
  • g) any aspect of the service is misused
  • h) you are or become, of unsound mind within the meaning of the Mental Health Act
    i) you break any of the terms of this agreement
  • j) there is unauthorised use of your password through your fault or neglect or
  • k) we have reasonable grounds for suspecting any of the above.

3.24. If a court decides that any part of this agreement cannot be enforced, that particular part of the agreement will not apply, but the rest of the agreement will.

3.25. This agreement is governed by English law and the English Courts have exclusive jurisdiction to resolve any disputes arising under it.

4. Billing and Payment

4.1. We shall prepare and send to you a statement once a month and you shall pay any amount due within 14 days.

4.2. You shall be liable for all charges for using the Opton Services. Our charges are set out in our latest published price list that is available on our web site from time to time. We may change our prices at any time and will endeavour to give you at least 14 days notice.

4.3. When you join us, you authorise us to arrange for your payments to be automatically taken from your debit card, credit card or Direct Debit bank account, depending on the payment method you selected.

4.4. You must pay for all your Services using the same payment details.

4.5. You must notify us promptly of any problems after they first appear on your statement. If you do not bring them to Opton attention within 90 days you will have waved your right to dispute those problems or discrepancies.

4.6. If your Direct Debit payment fails, we reserve the right to make a £5.00 (inc VAT) charge to cover the costs we incur in contacting you, collecting payment and setting up new payment details. If we continue to be unable to collect a payment, we reserve the right to pass your debt over to our debt collection agency and pass on to you any additional costs incurred. We shall also be entitled to charge you a monthly administration fee for each month in which your direct debit is dishonoured or not reinstated following cancellation.

4.7. If you are late in meeting a payment, we may charge you late payment fee of £5.00. If the account is overdue for more than a month, we may charge interest on the amount you owe us. We will charge you interest at a rate of 5% above the base lending rate of Bank of England. We will calculate this interest on a daily basis over 365 days in the year. If you have more than one account with us, we may transfer money from any of your accounts that are in credit to pay any account that is overdue.

4.8. If the Service is cancelled or ended, any money you owe us immediately becomes due for payment.

4.9. We will give you a credit limit when you open your account and we may change that at any time without prior notice. If you exceed your pre-agreed Credit Limit between monthly bills we may suspend the service and demand immediate payment.

4.10. You are liable for charges during suspension or disconnection unless we decide otherwise.

4.11. We may suspend the Service if:

  • a) we have not been able to collect your payment for using the Service, or
  • b) you have exceeded your credit limit, or
  • c) we suspect, or you tell us, that there is unauthorised or fraudulent use of your account.

5. Phone Call, Line Rental Charges and Broadband Charges

5.1. Charges for calls become due as the calls are made.

5.2. Charges for monthly tariffs and line rental are due monthly in advance from the date you are connected.

5.3. We will endeavour to bill you for all the calls you have made within 3 months of you making those calls, but if we receive call details from our network suppliers after 3 months those will also be billed and appear on your statement.

5.4. If the calls that you make cost less than £3.00 (inc VAT) over a 3 month period, we may add a £1.00 processing charge to collect the amount owed. If you have not made any calls, we will not collect any money. We make this charge to cover our costs in collecting this money.

5.5. Broadband charges are due monthly in advance from the date you are connected.

6. The Telephone Service (Calls & Line Rental)

6.1. After you have applied to join the Telephone Service, if your application is successful, we will send you a letter to confirm your switch-on date (usually within 10 working days).

6.2. You may cancel your application by contacting our Customer Services within 7 working days (the “Cooling Off” period). After this period Opton will go live.

6.3. Once the Telephone Service is live you may cancel it at any time after the end of the minimum contract period (which you will be made aware of when joining). It will usually take around 10 working days to switch off. Customers who choose the Broadband Service may not cancel their Telephone Service.

6.4. You are responsible for supplying equipment to use the Telephone Service. You must ensure that such equipment is suitable and your use of it is legal.

6.5. Services provided by other communications providers will be automatically removed from your line when we connect you to the Opton service. You should be aware that certain services you may receive from other providers may not be available from Opton or may be charged differently. You authorise us to act on your behalf in all dealings with any other telecommunication network operators that may be required to provide you with our services. If your line(s) has been registered with another telecoms company that uses the dialling code, you authorise us to close your account with them.

6.6. The Telephone Service is provided to you for your use. You may not re-supply or re-sell the Telephone Service to any person but you may introduce people as described in the Referrals Programme.

6.7. If you choose to access the service with a prefix code, you are responsible for using the correct codes. If you do not use the correct codes for your calls, you will not be using the Telephone Service and we cannot be responsible for any charges you incur.

6.8. If you move house or your line is disconnected from the Carrier Pre Select service by BT (or another service provider) your tariff will remain on your line (for access using a pre-fix code). If you no longer wish to have this tariff on your line, or you wish to close your account you will need to let us know by contacting Customer Services. If you do not, your existing tariff and account will not be terminated and you will be liable for any charges that remain due.

6.9. Opton residential customers can talk to each other for free. This applies to calls between customer’s BT landlines which are connected to the Opton Carrier Pre Select service. This excludes calls which are not routed over the Opton network and non voice calls (internet & data) and non-geographic calls (e.g. mobile, Premium Rate, 0845, 0870).

6.10. Light User Plan entitle residential customers to make off-peak (evening and weekend) local and national calls to any geographic number in the UK from your home fixed line. Non-inclusive calls will be billed at the Opton standard rates.

6.11. Unlimited Calling Plan entitle residential customers to make un-metered local and national calls at any time to any geographic number in the UK from your home fixed line. Non-inclusive calls will be billed at the Opton standard rates.

7. The Broadband Service

7.1. To receive and use the Broadband Service you will need a number of items including a modem, a BT telephone line, a personal computer of a minimum specification and cables.

7.2. We will test your line to see if we can provide you with the broadband service. If any work needs to be done to your telephone line at your Premises to enable you to receive the Broadband Service, you must arrange for BT to do this work for you. This work must be done before we can accept your order and you will be responsible for any and all costs associated with this work.

7.3. When your Broadband Service is activated there may be a temporary loss of your BT line for which we shall not be liable.

7.4. We will do our best to meet any times and dates given in relation to the Service but we have no liability to you if we are unable to meet them.

7.5. The service speed will be up to 24Mbps, but actual speed depends on far you live from the exchange.

7.6. We will provide a Technical Support helpline to provide information and advice to you on technical issues relating to your use of the Broadband Service.

7.7. We will provide to you a username and password in order to access the Broadband Service. You must keep this information secret and will let us know if you suspect your account is being used by someone else. You agree to take all necessary steps (or such steps as may be requested by us) to prevent such use.

7.8. This contract shall start on the Commencement Date and shall continue for a Minimum Period of 24 months. Following the Minimum Period this Contract shall continue until it is terminated by Opton or by you providing us with a minimum of one month’s prior written notice.

7.9. We shall not replace any Modem that is lost or becomes faulty as a result of any damage caused to it through your negligence and you will be responsible for the cost of any replacement supplied by us to enable you to continue receiving the Broadband Service.

7.10. If you move house and want to access the Broadband Service at your new address you will need to let us know by contacting Customer Services. If you do not, your existing account will not be terminated and you will be liable for any charges that remain due in respect of the Minimum Term relating to that account.

7.11. Before you install the software supplied with the Modem and before you connect the Modem to your computer, you should back up or save any data on your computer.

7.12. Where we provide you with one or more e-mail addresses you acknowledge that they are not your property and that we are entitled to alter them in our sole discretion. We may change your e-mail addresses where reasonably necessary after providing you with reasonable notice.

7.13. You acknowledge that you have no right to sell (or to agree to transfer) or dispose of in any way, any e-mail addresses provided to you by us.

7.14. You will not use the service:

  • a) in a way that does not comply with the terms of any legislation or any license applicable to the Customer or that is in any way unlawful or fraudulent or has any unlawful or fraudulent purpose or effect
  • b) in connection with the carrying out of a fraud or criminal offence against Opton, or any other public telecommunications operator
  • c) to send, knowingly receive, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of any copyright, confidence, privacy or any other rights
  • d) to send or procure the sending of any unsolicited advertising or promotional material other than in the case of the Customer to its own customers
  • e) in a way that does not comply with any instructions Opton or BT has given

8. Faults affecting the Opton phone service

8.1 You must immediately let us know by telephoning our customer services department if you are suffering or suspect that there is a fault with the Opton Service. We will endeavour to correct the fault as soon as practicable. If you contact a third party telecommunications provider, it is unlikely that they will deal with your request. If a third party telecommunications provider does deal with your request, you will be solely responsible for their charges.

8.2. If there are any faults with the Opton Service, we will be responsible for those faults if they arise out of any act or omission by us (or a third party authorised by us) or they are due to fair wear and tear. You will be responsible for all charges that we incur in repairing any fault with the Opton Service which arises out of or in connection with any act or omission by you or any third party for whom we are not responsible.

If a fault with the Opton Service is caused by any equipment owned by you or leased by you from a third party or relates to the telephone line inside your home we will charge you for any work we carry out to fix the fault as set out in the Price List and we may also disconnect that equipment without giving you any prior notice and without incurring any liability to you. You should be aware that we are only responsible for the exterior telephone line outside of your home or, in the case of a block of flats.

8.3. Where we arrange for an engineer to visit the Location to attend a fault we will agree with you a mutually convenient time for the engineer to visit the Location. We will use reasonable endeavours to ensure that the engineer arrives at the agreed time but we cannot guarantee this. If you do not give the engineer access to the Location within that agreed time you will be charged as set out in our Price List.

8.4 Our charges for dealing with faults with the Opton Service shall be at the rates published in our Price List from time to time. You may telephone our customer services department for further information.

9. Telephone number and directory services

9.1 Any telephone number provided to you for use with the Opton Service is personal to you. You agree that you do not own the telephone number and that you will not sell or transfer any number provided to you. You also agree that you will not advertise your telephone number in any phone box. If you do, we may suspend or disconnect the Opton Service.

9.2. We may need to change your telephone number or the PINs used for the optional features for reasons beyond our control (such as where we are requested to do so by a Competent Authority) or other reasons (such as where we reasonably believe that the alteration will enhance your use of the Opton Service). We will try to give you as much notice of any change as possible.

9.3. We do not provide a telephone directory service. If you accept the Opton Service, we will provide your details to another telecommunications provider for listing in a telephone directory unless you do not wish to be included in a telephone directory. If your details are already included in a telephone directory and you no longer wish to be included in the telephone directory, you should be aware that your details will only be excluded from the telephone directory when the telephone directory is next updated by the telecommunications provider. We accept no liability whatsoever for any failure by that telecommunications provider to comply with your listing request.

9.4 In the event that the Opton Service is suspended or terminated for any reason, your telephone number will automatically return to the telecommunications provider which originally allocated you the number. We cannot guarantee that the same telephone number will be available to you if the Opton Service is reconnected in the future.

10. Refund & Cancellation

10.1. Cancellation of the direct debit does not constitute notice of cancellation of the contract.

10.2. A deposit of £30 shall be payable at the beginning of services which will be refunded in full after 12 months provided all the bills are paid on time.

10.3. Opton Telecom reserves the right to at any time request a deposit, paid in advance, from the entity should periodical credit checks reveal insufficient credit scoring or County Court Judgments or if unusual usage and call charges are incurred. Should this request not be met within 30 days of notification by us we reserve the right to terminate the contract and to demand full and final outstanding balance settlement with immediate effect.

10.4. The like for like transfer can be cancelled without charges within the cooling off period which starts from the point of first contact. Any additional charges which maybe iuncurred during the process will have to be paid. This includes but is not limited to Installation charges, administrative costs, engineer visit fee, etc.

10.5. Refund Policy
On termination of the Agreement you must pay any outstanding invoices and immediately. If the agreement is terminated due to breach in contract Charges (or any portion thereof) that are invoiced in advance will not be refunded. You will be refunded any money owed after the final adjustments from deposits held after deducting any amounts you owe to us under this Agreement or under any other agreement that we have with you.

10.6. You are covered under the direct debit guarantee and if you find the amount of the invoice to differ from the actual direct debit or if there is an error you have noticed or if you want to make alternative payment arrangements please let us know by calling 020 3598 6233.

The Direct Debit Guarantee

This guarantee is offered by all banks and building societies that take part in the direct debit scheme.
The efficiency and security of the Scheme is monitored and protected by your own bank or building society.
If the amounts to be paid or the payment dates change we will notify you 10 working days in advance of your account being debited or as otherwise agreed.
If an error is made by us or your bank or building society, you are guaranteed a full and immediate refund from your branch of the amount paid.
If you receive a refund you are not entitled to, you must pay it back immediately when we ask you to.
You can cancel a direct debit at any time by writing to your bank or building Society. Please also send a copy of your letter to us.

10.7. If you have an issue with any of the payments you can notify us and we will investigate the case which will be resolved within 2 weeks of being reported. At the end of the investigation if it is found that the claim was legitimate, the erroneous amount in full will be refunded to the designated bank account. Should the case be for a card payment then the refund amount will be credited to the card or to the related bank account. However, if the claim is not validated then you will be duly notified.

11. General terms and conditions for business

11.1. Service
This Agreement sets out the terms on which Opton Telecom agrees to provide services ("Service") to you. This Agreement commences on the date that Opton Telecom first accepts your order. This Agreement comprises
(i) these Terms of Service;
(ii) our Privacy Policy which is available at www.optontelecom.co.uk; and
(iii) our pricing options which are available at www.optontelecom.co.uk. Orders for the Service are accepted at our sole discretion. The expressions, "Opton Telecom", "we" and "us" and "our" mean Opton Telecom Ltd (company number 0203 930 0572), whose registered office is at 281 Kenton Road, Harrow, Middlesex, HA3 0HQ. The expressions "you" and "your" mean you the customer.

11.2. Wholesale line rental (WLR)
WLR means that Opton Telecom will bill you for line rental of your BT™ line and BT Openreach™ will continue to maintain your line and fix any faults that may occur. You acknowledge that in order to avoid delays occurring in the ordering process, Opton Telecom will need to be notified by BT™ of any products or services presently in use on your line that are incompatible with the WLR service. BT™ is under a strict duty not to disclose information about a customer’s telephone services to a third party unless the customer has consented to such disclosure. In signing this agreement you give consent to BT™ to disclose such information to Opton Telecom. You also give Opton Telecom authority to act as your agent to arrange connection onto Opton Telecom services. If Opton Telecom is unable to take over the billing of your line rental, for whatever reason, you hereby authorize us to carry your phone calls only through CPS (see below).

11.3. Carrier pre-selection (CPS)
Carrier Pre-Selection is the routing of your phone calls through a carrier other than BT™. Your phone line(s) are still maintained by BT™ engineers but the calls are carried on another network. We may select and at any time change any carrier or other service provider for the purposes of providing the CPS service. You hereby irrevocably authorize us to give all notices, nominations and other authorizations necessary for us to provide the CPS service.

11.4. Duration
This agreement will have the duration of a minimum 24 months and will be automatically renewed on an annual basis unless and until either of us gives the other written notice of termination at least 90 days before the relevant anniversary. The agreement may be ended immediately by you if we break a term of this agreement, which after written notice has not been rectified within 14 days. Either of us may end this agreement without notice if the other stops trading or becomes insolvent or wound up. We may end this agreement without giving you notice if you break any of your obligations under clause 6 & 8. On termination of this agreement for whatever reason, you will:
a. Immediately pay any outstanding invoices.
b. Be responsible for any required engineering reprogramming costs for you to use an alternative supplier. In addition, if you terminate this agreement prior to the end of the period specified on the application form and after your account has been provisioned (except if you terminate, in accordance with the provisions of this agreement, as a result of our breach or insolvency or winding up), you will:
c. Reimburse Opton Telecom for any costs incurred in releasing you from your contractual obligations with BT™ prior to transferring you to the Opton Telecom service (if applicable).
d. Pay us (in addition to clauses 4a and 4b) your monthly line rental and Calling tariff in advance up to the end of your contractual agreement date or a minimum disconnection fee of £199 + VAT should you terminate your contract within 3 calendar months of your legal termination date.

11.5. Charges
Opton Telecom charges you for using the services covered by this agreement. Initially you are charged at the rates specified on the application form or published in our price lists online at www.optontelecom.co.uk Please note:
a. Charges are calculated from data recorded by us and not from your own records.
b. Where a direct debit is unpaid due to insufficient funds or cancellation, a £10 administration charge will be included on your next monthly bill.
c. A charge of £10 may be charged for restricting outgoing calls due to late payment of an invoice. A charge of up to £20 will be added to your next bill to reinstate services barred due to nonpayment of invoice. We may lower our prices and will endeavor to inform you at least 14 days in advance of any such change. If, during the first 12 months of this agreement, we are forced to increase our call charges to an extent greater than the increase in the Retail Price Index for the relevant period, you may end this agreement without paying the disconnection fee. Your service will be transferred back to BT™ without interruptions and at no cost to you. All Opton Telecom charges are subject to VAT at the prevailing rate (currently 20%).
d. Line rental, service charges and call packages are billed one month in advance.
e. Opton Telecom will charge £99.99+ VAT to reinstate lines that have been ceased due to non payment.
f. An admin fee of £20+VAT will be charged with your first bill to cover the costs of the transfer and other administrative charges.
g. A deposit of £30 shall be payable at the beginning of services which will be refunded in full after 12 months provided all the bills are paid on time.

11.6. Payment terms
a. Monthly variable Direct Debit is the only means of payment of Opton Telecom invoices and Opton Telecom reserves the right to refuse customers not wishing to pay by Direct Debit.
b. You will be notified of any problems with your payments or direct debit instruction. Arrears and/or unwillingness to maintain payment by direct debit may result in your lines being restricted.
c. Cancellation of the direct debit does not constitute notice of cancellation of the contract.
d. You are protected at all times by the Direct Debit guarantee as detailed below.
e. Opton Telecom will charge an Administration fee of £5 for payments tendered by means other than direct debit. Opton Telecom reserves the right to increase this amount without notice.
f. Opton Telecom reserves the right to perform a credit check with no prior given notice on any legal entity, and to pass the entity’s credit history with Opton Telecom on to other credit agencies and/or County Court.
g. Opton Telecom reserves the right to at any time request a deposit, paid in advance, from the entity should periodical credit checks reveal insufficient credit scoring or County Court Judgments or if unusual usage and call charges are incurred. Should this request not be met within 30 days of notification by us we reserve the right to terminate the contract and to demand full and final outstanding balance settlement with immediate effect.
h. Opton Telecom may, at its sole discretion and at any time, impose a credit limit on your account. Any credit limit imposed can be amended without prior notice. If you exceed any such credit limit we may demand immediate payment of the Charges and/or suspend the Service; and you will still be responsible for all Charges incurred including those exceeding the credit limit.
i. Opton Telecom will charge a £199 + VAT disconnection fee should your contract be terminated due to non payment.
j. Opton Telecom will charge £2.49 + VAT fee for bills sent by means other than Web billing.

11.7. Complaints and Disputes
For any complaint or dispute rising during your tenure with Opton Telecom you may contact us on our Customer Support number 0203 930 0572 from Monday to Friday between 9am to 5pm or by email to complaints@optontelecom.co.uk or by post and it will be resolved at the earliest. Should you not be satisfied by the resolution even after 8 weeks of complaining you can contact Ombudsman Service for ADR. However, during this period we would contact you over the phones, email or even post and you need to explain the reason for not accepting the resolution.

General terms and conditions

11.8. Pricing
a. Calls will be charged and inclusive allowances deducted in one minute increments (with any part minutes rounded up to the nearest minute) individual charges will then be rounded up to the nearest penny and your total call charges rounded up to the nearest whole penny as well. In addition, and notwithstanding the preceding sentence, there is a per call connection charge and the details of these call connection charges appear in our price list which is available on our Website.
Fair usage policy applies to all unlimited call packages. Opton Telecom reserves the right to switch customers with excessive call volume (e.g. telemarketers, call centers etc.) to a more appropriate tariff at any time.
Local & National calls are numbers beginning with 01, 02 and 03 only and do not include Non-geographic numbers (0845, 0870 etc) and Internet access numbers.
Mobile call rates refer to calls to T-Mobile, Orange, Vodaphone and O2 only.
International rates charged under the calling card package are billed per minute.
A ten pence set-up charge is applied to all calls made to 01, 02 and 03 numbers. A fifteen pence set-up charge is applied to all mobile calls and international calls.
A set-up charge will not be incurred for calls made to 01, 02 and 03 numbers on all tariffs except pay as you go.
A one off registration fee of twenty four pounds (sterling) will be incurred to all new customers who request any Opton Telecom service directly by means other than our web site (www.optontelecom.co.uk) or by calling our sales team directly on 020 3598 6233.

11.9. Fair Usage Policy
a. If during any monthly billing cycle you exceed the fair usage limits set out below, we reserve the right to switch your tariff to the pay as you go calling tariff for that month only.
b. The Unlimited UK Calls calling tariff is subject at all times to a limit of 1000 minutes in aggregate during each monthly billing cycle for outgoing calls when calling UK landline numbers starting with 01, 02 and 03 only.
c. A dynamic Credit limit of £30 is allowed to ensure fair usage. If this limit is breached an interim payment will be required. In the event of exceeding the limit and non- payment the outgoing calls may be barred. Every 3 months the usage and payments will be reviewed, post which the credit limit may be enhanced.

11.10. Your responsibilities
We agree to provide you with the service as specified on the online application (www.optontelecom.co.uk) form subject to the provisions of this agreement. You agree:
a. To use the services in accordance with this agreement, any instructions given by us from time to time and any laws, regulations and licenses which apply to the use of the services by you.
b. Not to allow an alternative supplier to override or bypass our service either through the installation of equipment or through the BT™ local exchange.
c. To be responsible for any engineering reprogramming costs or equipment removal costs that may be required to terminate the service of any previous supplier.
d. Not to use the service to transmit any material which may be abusive, offensive, obscene, indecent, menacing, defamatory or which might cause annoyance, inconvenience or needless anxiety to anyone or to commit a fraud or other criminal offence.
e. To contact us and notify if any information that was offered to you while signing up does not match with the content of this agreement, within 14 days period also referred to as cooling off period, from the initial contact. However, no contact during this period would be considered your consent and the terms and conditions laid down herewith will be binding.

11.11. Repairs to service
a. BT™ Openreach will continue to maintain your line and will continue to fix any faults that may occur. We will use our best endeavors to correct any defect or fault in the services provided to you as rapidly as possible. Fault Notification 0203 930 0572.
b. Opton Telecom reserves the right to apply engineering call out charge if a fault is found to be on your own equipment or caused by accidental damage. Additional time related charges may also be added.

11.12. Suspension of service
We may suspend the service (without being liable to compensate you):
a. in the event of a local or national emergency
b. to comply with a request from a government or other competent authority
c to protect or provide service to rescue or other essential services or otherwise
d. to maintain the quality of our services
e. if we reasonably believe that you will fail to pay any amount due to us (whether or not we have issued you an invoice)
f. if an event occurs which is beyond our reasonable control
g. If you break any part of this agreement.
h. If we have good reason to suspect fraudulent activity or misuse of our services or any other breach by you of this agreement.
i. If the credit limit is breached and interim payment is not made.

11.13. Liability
a. neither of us will have to compensate the other for any detrimental event beyond the other's reasonable control
b. In this agreement, ‘beyond reasonable control’ includes any act of God, reduction or failure of power supply, other telecommunication operators and suppliers or their equipment including access lines, act or omission of national or local government authority, war, act of terrorism, military operation, riot or delay, employee dispute, or supply of equipment by third parties.
c. In any event, we will not have to compensate you for any harm to your business, lost revenues, loss of anticipated savings, lost profits or other indirect, consequential or special losses nor for any charges incurred by you with another call carrier.

11.14. General
You may not transfer this agreement or any rights under it without our prior written consent. If any provision or condition of this agreement shall be invalid or unenforceable, the remaining terms shall continue to apply. This agreement and the documents referred to in it represent the entire contract between us, to the exclusion of any terms subject to which you may accept, or purport to accept, the service. Any variations (other than changes made in accordance with this agreement) shall be accepted by both of us in writing. If there is any inconsistency between this agreement and the application form, the application form shall take precedence. Any failure by either of us to enforce any right shall not be deemed a waiver of any such right. The English Courts shall have exclusive jurisdiction for the purposes of determining any dispute or other matter which arises out of or in relation to this agreement.

11.15. Registrations
Opton Telecom is registered with the Ombudsman Service for resolution of Complaints and Information Commissioner’s Office under Data Protection Act. Also we are registered with Telephone Preference Service and Corporate Telephone Preference Service.

12. Termination

12.1. You may end the Opton Telephone Service provided under this Agreement by giving us notice. Please send your termination notice to our customer services department by fax, email or post at the address on our Website.

12.2. If you agreed to take the Opton Service for a minimum fixed term (as specified in your Customer Application Form or as otherwise communicated to you – referred to as the “Initial Term” in this clause):

12.2.1. You may terminate this Agreement in relation to the Opton Service on giving at least one month’s notice, such notice to be effective no earlier than the end of the Initial Term. In the event that this Agreement is terminated in relation to the Opton Service during the Initial Term (or any subsequent additional agreed fixed term), other than by you during the Cooling Off Period or by us as detailed under this Agreement, you must pay all Charges that would have been payable for any remaining period of the Initial Term or any subsequent additional fixed term;

12.2.2. If the Agreement is terminated you shall immediately pay us all outstanding Charges for your use of the Opton Service, any Optional Features and any other Services.

 

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