Policies: Terms & Conditions
These terms and conditions are applicable to all residential customers upon availing our services. We've made efforts to ensure clarity and simplicity in these terms. Should you have any unresolved inquiries, our help pages offer comprehensive assistance. These terms supersede all prior versions and were revised on 12th January 2024, with any subsequent updates effective from that date.
1 | Introduction |
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1.1 | Phonely Limited trading as Phonely, a limited liability company whose principal place of business is at: Phonely Ltd, New Patricks Yard, Recorder Road, Norwich, Norfolk, NR1 1NR, UK. |
1.2 | Your Agreement (a) starts when we accept your first order for a service from us and ends as set out in paragraph 12; and (b) consists of these customer terms and conditions (c) the Agreement shall constitute the entire agreement between the parties in relation to the Services, and any former representations (of any kind, written verbal or otherwise) shall be superseded by the Agreement. |
1.3 | If you can't access a document referred to in these customer terms and conditions, you can request a copy by contacting us (see paragraph 16 below). |
2 | Ordering services from us |
2.1 | If you order services from us: |
2.2 | We try to complete orders as soon as possible but delays may occur, which we'll tell you about as soon as we can. |
2.3 | Certain services or specific features might not be accessible to you for various reasons. These reasons include if you are beyond our network coverage, lack connectivity to our network, if your location doesn't meet our minimum performance criteria for services, if providing services poses significant challenges (usually assessed after a survey), or when attempting to use a device internationally. We'll notify you if any of these conditions apply to your situation. |
2.4 | Tests may be necessary to determine service availability at your location. During these tests, there might be a need to temporarily deactivate your telephone line. We'll notify you beforehand if such an action is required. |
2.5 | If we transfer your service from or to another provider, you may experience a temporary loss of your services. |
2.6 | If you ask us to port your telephone number from or to another provider, we'll try to do this wherever possible. If we can't, we'll tell you your options. |
3 | Cancellation |
3.1 | You may cancel your phonely service by contacting us (see paragraph 16 below): (a) In the first 14 days after our acceptance of the order (b) if you've ordered equipment, such as a phone, or a VoIP adapter, in the first 14 days after receipt of such equipment. |
3.2 | If you do cancel, you must return any equipment provided to you within 14 days of cancellation. If you don't return the equipment, you'll have to pay the full equipment price. |
3.3 | We'll advise how to return equipment when you cancel. You'll be responsible for the cost of return. |
3.4 | If the returned equipment is worth less than its original value due to use or damage, your refund will reflect this. If you've opened the packaging, this may reduce its value. |
3.5 | If you follow the above cancellation procedure, you'll receive a refund: (a) within 14 days of your cancellation; or |
3.6 | If any part of the service has been provided for free e.g. a VoIP adapter, these still need to be returned otherwise you will be charged the full value of the item. |
3.7 | if you want to cancel outside the applicable cancellation period stated in paragraph 3.1 above, you must do so in accordance with paragraph 12; |
4 | Contract |
4.1 | The service starts on the date it goes live and ends as set out in this agreement. |
4.2 | Our services have a minimum period starting from your go live date, which will be no longer than 12 months and which we'll tell you about when you order. This means you may be charged a fee to compensate us for our losses if you end the service before the end of that minimum period. If the service is cancelled before the end of the 12 month period you will be required to pay the full remaining amount owed for the remaining period. |
4.3 | If we agree to renew or upgrade any service, a new minimum period may apply from the date of your renewal or upgrade. We'll tell you if this is the case. |
4.4 | At the end of the minimum 12 month period we will continue to provide the service until cancelled in line with Paragraph 12. |
5 | Use of the services |
5.1 | You may not use your services, or allow your services to be used: (a) for business purposes, unless otherwise agreed in writing; |
5.2 | All of our services that enable you to make calls allow you to access the emergency services by dialling 112 or 999. Your identity and the location of your telephone number will be sent to the emergency services. The information provided when you set up your telephone line will be provided to the emergency services. It is your responsibility to make sure our service has the correct details. |
5.3 | You details will not be submitted to national directories and directory enquiry services. |
6 | Equipment provided by us |
6.1 | To receive a service you may need to use certain necessary equipment provided by us. |
6.2 | All such necessary equipment will be owned by us apart from the following equipment which you will own: (a) any equipment that you have paid for. If we choose to replace your hardware outside of any warranty period (which is usually 12 months) without charging you for it, we'll own such replacement equipment, unless we agree otherwise |
6.3 | You agree that in order to provide a service to you we can: (a) install, keep and use any necessary equipment at your home; |
6.4 | We only provide the equipment we tell you we'll provide. Other equipment may be available from us at an additional cost. If you want to buy such equipment, we'll confirm the price when you order. |
6.5 | We're only responsible for, and can only support, equipment provided by us during the period of the applicable contract with us. We can't guarantee that the services will work with other equipment and certain equipment may be restricted to use only on our network or with a certain package offer. We will tell you if this is the case. |
6.6 | You must look after our equipment and not tamper with it, keep all original packaging and store and use it in accordance with the manufacturer's instructions. If you damage it or the packaging is lost, you may need to pay for it. You may need to return our equipment to us and we'll tell you if this is the case. |
6.7 | Equipment may be 'as new', which means it's been refurbished or repackaged but looks and operates as if new |
6.8 | We're under a legal duty to supply equipment that is in conformity with this agreement. Any equipment we send you will be as described. You must inspect equipment on receipt and tell us about any issues within 14 days. We'll tell you what to do next. If we ask you to return equipment, you must do so within 14 days of our request. |
6.9 | We may ask you to install certain equipment yourself, in which case we'll send you instructions. |
6.10 | If you need, or are required, to return any equipment to us, and are unsure how to do this, please contact us (see paragraph 16 below). You're responsible for this equipment until we receive it. If we don't receive it, we may charge you for it. |
6.11 | In the event of a power outage at your premises your hardware will stop working unless you have preventative UPS (Uninterrupted Power Supply) solution in place. This is your responsibility. The service is designed to work alongside your current communications provider (broadband/fibre provider) and in the event of a power outage we will not be responsible. |
6.12 | If you factory reset your device and we need to reprovision it, or if you interfere with the device and we need to repair it, there will be a charge of £60 inc VAT. In cases where the device cannot be repaired or a replacement device needs to be sent out, there will be an additional charge for the new hardware to be shipped to you. We will replace your device free of charge if it is faulty within 12 months of purchase. |
7 | Joint obligations |
7.1 | We'll use reasonable skill and care in providing the services but, given the nature of the services, we can't guarantee that they'll be continuously available or error free (e.g. there may be geographical, atmospheric or environmental factors that affect the services). |
7.2 | We try to keep your data and communications secure; however, for reasons beyond our control, these may be unlawfully intercepted. If they are, we'll investigate and advise on next steps. |
7.3 | You must: (a) comply with our, and our representatives', reasonable instructions about the services; |
8 | Charges and payments |
8.1 | We'll tell you the charges for the services when you order or they'll be as detailed in any applicable service terms and conditions or on our pricing page. These charges may include a charge for: (a) installing a new line and/or equipment at your premises; |
8.2 | Each year, on April 1st, a price increase of £2 per month will be applied to your charges except when we've agreed otherwise with you. |
8.3 | You're responsible for paying all charges that you, and any person accessing your services, incur. |
8.4 | We normally send bills in advance except for usage charges (e.g. call charges), which are billed after they're incurred. Charges for periods of less than a month are calculated on a pro-rata basis. |
8.5 | You'll receive bills in electronic form, unless you tell us you want paper bills. If you choose paper, we'll charge you an additional amount, which we'll tell you about when you request the change. |
8.6 | We'll collect payments on the date shown on your bill. If payment is rejected, we may: (a) charge you a reasonable fee to cover our costs; and |
8.7 | All charges include VAT, unless otherwise agreed |
8.8 | If you think your charges are wrong, you must tell us immediately so we can investigate. You must pay all undisputed charges. We won't suspend or end a service whilst we investigate disputed charges. |
8.9 | If you don't pay any undisputed part of your bill by the due date, we may: (a) charge a reasonable administration fee or interest on the overdue amount at 4% a year above the base rate. Interest shall accrue daily from the due date to the date of actual payment, whether before or after a court judgment; and |
8.10 | At the end of a service, all outstanding sums and any cancellation charges, including those we may incur from a third party for disconnecting your service, will become immediately due and payable. |
8.11 | In the event of non-payment we will remind you (for example via SMS, Post or phone call). If we still do not receive payment within 10 days of our reminder we may: (a) Add a late payment fee of £15 |
9 | Call monitoring |
9.1 | We, or our representatives, may monitor or record your communications: (a) for business purposes, such as quality control and training; |
10 | Liabilities |
10.1 | Whether or not losses could reasonably be expected to occur when we entered into this agreement, we're not liable for: (a) loss of data or information; |
10.2 | Nothing in these terms excludes or limits our liability for anything we can't exclude or limit by law. |
11 | Our rights to suspend, restrict or disconnect The Services |
11.1 | We may suspend, restrict or disconnect any, or all, of the services, including equipment or goods provided or supplied by us, if: (a) our network breaks down or needs maintenance; |
11.2 | Where we suspend, restrict or disconnect a service, your agreement will continue and, unless we've suspended, restricted or disconnected under paragraphs 11.1(a), 11.1(d) or 11.1(e), we may require you to pay: (a) our reasonable costs for suspending or restricting the services and resuming them; and |
12 | Cancellation |
12.1 | If you want to end a service or your agreement with us, please contact us (see paragraph 16 below). If any service is in its minimum period, you may have to pay a fee as set out in paragraph 4.2. If you want to cancel your order with us, please follow the procedure in paragraph 3 above. |
12.2 | If you want to end a service or your agreement with us outside the minimum period you will have to contact us in writing or by phone to give 30 days' notice; however, if you're transferring to another telephone or broadband provider, we'll accept that you've given us sufficient notice when we receive notice from them. Unless we tell you otherwise, we will give you 30 days' written notice if we want to end a service outside the minimum period. |
12.3 | You may immediately end your agreement by giving us written notice: (a) if we break any important term of your agreement and don't fix it within 45 days of being asked to do so, subject to paragraph 17; or |
12.4 | We may immediately end your agreement by giving you written notice if: (a) we're entitled to suspend, restrict or disconnect any, or all, of the services under paragraphs 11.1(b), 11.1(c), 11.1(d), 11.1(e), 11.1(f), 11.1(g) or 11.1(h); (b) we believe your services are being used fraudulently; or (c) you become bankrupt, enter into an individual voluntary arrangement or anything similar. |
12.5 | If either of us ends a service and/or your agreement: (a) any equipment or goods provided or supplied by us may be permanently disconnected or restricted depending on the circumstances e.g. if you haven't paid your bill; |
12.6 | Where the account has been subject to clause 11.1(c) there will be; (a) for a period of 1 month, no loss of service; |
12.7 | In the event of the death of the account owner; (a) any outstanding payments due for the service will need to be paid; |
13 | Making changes |
13.1 | We may need to change your services, equipment, charges or agreement for legal, regulatory or business reasons. If so, we'll tell you about this in writing or by publishing a notice or updated terms and conditions on our website. |
13.2 | Except for any changes which are: (a) a price increase referred to in paragraph 8.2 above; (b) of an administrative nature and have no direct negative effect on you; or (c) directly imposed by law or by a court or regulatory body with authority to do so we'll give you at least 30 days' written notice. |
14 | Moving house |
14.1 | If you're moving house and want to continue using the services, you must tell us at least 14 days before so we can update your account. |
14.2 | We'll try our best to transfer the services but, if we can't transfer some or all of them, and any are in the minimum period, you may have to pay the charges to the end of the minimum period. |
15 | How we use your information |
15.1 | We take privacy very seriously. We're committed to protecting and preserving any information you give to us and to being transparent about what information we hold and how we use it. We'll only use your information in accordance with our Privacy Policy, which you agree to by ordering or using a service. |
15.2 | A ‘Trusted Person' is a person that; (a) you have obtained their consent to add their details to our service and that they agree to; |
16 | Contacting eachother |
16.1 | If you can't find what you're looking for on our help pages or by chatting to our online chat agents, you can contact us by telephoning customer services on freephone 0800 112 5000 or Phonely Customer Services, c/o Liquid 11 Limited, Sea Lake Road, Lowestoft, Suffolk, NR32 3LQ. We will need to verify your identity before we can speak to you about your account. If the person contacting us is not the account holder, we can only provide limited information. |
16.2 | If we need to contact you, we'll use your billing address, email address, mobile or fixed telephone number or any other method requested by you. If we have to give you written notice, we'll do so by email, SMS, hand or pre-paid post to the address or telephone number you've provided to us. |
16.3 | Any notice or document will be deemed to be delivered immediately (if delivered by hand) or 48 hours after posting (if sent by first class post). Notices given by SMS or email shall be deemed to be delivered when they're sent. |
17 | Matters beyond our reasonable control |
17.1 | We may not be able to provide a service (or part of a service) due to, or your service may be affected by, something beyond our reasonable control. In this scenario, we can't accept responsibility for what's occurred and we may need to suspend or terminate your service or agreement. If we terminate under this paragraph 17, you'll only be charged up to the point of termination. |
18 | Resolving problems and complaints |
18.1 | If you're experiencing a problem with your services, see our help pages. If this doesn't help, please contact us (see paragraph 16 above) as soon as possible. You must give us the opportunity to resolve your problems and continue to pay your bills whilst we investigate. |
18.2 | If you have a complaint, please get in touch with us directly. We're here to help and address any concerns you may have. |
18.3 | Nothing in your agreement or your right to compensation affects these legal rights. |
19 | Other important terms |
19.1 | You may not transfer the whole or any part of this agreement or service to anyone else without our written consent. We can transfer the whole or any part of this agreement or service to any third party. |
19.2 | Each paragraph in this agreement operates separately. If any court or relevant authority decides that any paragraph is unlawful, the remaining paragraphs will remain in full force and effect. |
19.3 | If we fail to insist that you perform any of your obligations under this agreement, or if we don't enforce our rights against you, or if we delay in doing so, that won't mean we've waived our rights against you or that you don't have to comply with those obligations. If we choose not to enforce any of our rights, we'll tell you in writing. This doesn't mean we'll do the same in the future. |
19.4 | This agreement is between you and us. No other person shall have any rights to enforce any of its terms except for our group companies. |
19.5 | This agreement is governed by the laws of England and Wales. We both agree to submit to the non-exclusive jurisdiction of the English courts. |
20 | Telephone services |
20.1 | To take telephony services from us, you must take a fixed broadband line in place. |
20.2 | When you take telephony services from us, we'll: (a) switch you onto our network; |
20.3 | You don't own any telephone number allocated to you. We may have to change this telephone number for various reasons, including if: (a) we're instructed to by a regulator (e.g. Ofcom); |
20.4 | While Phonely has a high success rate in blocking scammers and nuisance calls, we cannot guarantee complete protection from such calls. Scammers frequently change their phone numbers, which can sometimes result in users receiving calls from new or unrecognised numbers. We continuously update our block list database to provide the best possible protection, but no service can offer 100% fault-proof prevention. Users are encouraged to remain vigilant and report any suspicious calls to help enhance our service. Phonely is not responsible for any losses or damages incurred as a result of scams or fraudulent calls. Users are advised to exercise caution and take additional steps to protect themselves from potential scams. |
21 | Additional charges information |
21.1 | Calls are: (a) charged based on your agreed package and in accordance with our pricing page. Our pricing page contains other important information about what you can and can't do with the telephony services; |
21.2 | If your package has inclusive call minutes: (a) you can only call someone else for one hour at a time, after which standard charges will apply; and (b) any unused minutes from one month can't be carried forward. |
21.3 | We may place certain restrictions on your telephone line (e.g. in relation to premium rate telephone numbers, or on international telephone numbers). If you want restrictions removed, please contact us (see paragraph 16 above). |
22 | Network Maintenance and Configuration |
22.1 | The customer is solely responsible for maintaining their network infrastructure, including but not limited to their network firewall, routers, modems, and any other components of their broadband connection. Any disruption of service that results from changes to, or improper maintenance of, the customer's network settings or firewall configurations shall be the responsibility of the customer. This includes, but is not limited to, any changes made to firewall settings, network security protocols, or broadband connection parameters. While we may provide general guidelines or support for network configuration, it is ultimately the customer's responsibility to ensure their network settings are correctly configured to maintain uninterrupted service. Any technical support provided by us regarding network issues will be limited to advice and recommendations; the implementation of such advice remains the customer's responsibility. We shall not be held liable for any service interruptions, connectivity issues, or data losses that occur due to the customer's failure to maintain proper network settings or due to unauthorized changes to their network configuration or hardware provided by Phonely. The customer agrees to indemnify and hold us harmless against any claims or damages arising from such disruptions. |