Terms and Conditions

Mobile Service with a Minimum Term of 12 months

This sets out terms on which Onetel Telecommunications Limited trading as Onetel (Registered in England No. 04226697) ("Onetel") | will provide mobile telecommunications services, (all referred to as the "Mobile Service") to you, the customer with whom we make this contract ("you"). By using the Mobile Service you agree to the following terms and conditions.

1. Definitions and Interpretation

The following definitions apply to each of the Mobile Service to which you subscribe under this Contract (unless the context requires otherwise):

"Charges" mean the charges for the Mobile Service as set out in the Price List;
"Contract" means the contract application which you agreed on the telephone or on our website, these terms and conditions and the Price List;
"Existing Handset" means any handset that you have acquired from someone else, and use for obtaining the Mobile Service from us by obtaining a SIM Card only;
"Minimum Term" means for each Mobile Phone or SIM Card you receive from us, a minimum period of 12 months during which you must subscribe to the Mobile Service;
"Mobile Network" means the mobile telecommunications network(s) over which we provide the Mobile Service;
"Mobile Phone" means a cellular telephone and ancillary equipment (except the SIM Card);
"Mobile Service" means the mobile service provided to you by Onetel under the terms of this Contract enabling you to make and receive calls using a Mobile Phone or Existing Handset over the Mobile Network and any related services;
"Network Operator" means any person(s) authorised or permitted to run a telecommunications system over which we provide the Mobile Service;
"Price List" means the list(s) of the Charges current at the time you use the Mobile Service as published by us on our website from time to time;
"Pricing Plan" means the particular pricing structure that applies for your Contract;
"RPI" means the All Items Index of Retail Prices published by the Central Statistical Office in the Monthly Digest of Statistics;
"SIM Card" means the card(s) provided by us, which enables you to use the Mobile Service when inserted in a Mobile Phone or Existing Handset;
"User Guide" means a guide or guides published by us, which give(s) instructions about and information on the Mobile Service;
"we" and "us" means Onetel Telecommunications Limited and/or our agent(s); and "you" means you, the customer with whom we make this Contract.

2. When this Contract begins

2.1 The Contract begins when we confirm to you our acceptance of your application. Upon acceptance of your application we will send you confirmation of your Pricing Plan, a User Guide (including a copy of these terms and conditions) and your Mobile Phone(s) and/or SIM Card(s).

2.2 You must be at least 18 years old to enter into this Contract.

3. Your Right to Cancel the Contract

3.1 You may cancel your Contract for the Mobile Service, or any part of it, within 14 days of receiving each SIM Card and/or each Mobile Phone by contacting our Customer Services Team (the "Cooling Off Period").

3.2 If you want to cancel, you must call our Customer Services Team (please see the User Guide for details) to confirm cancellation before the Cooling Off Period expires. We will then arrange for your Mobile Phone(s) to be collected and you must return all SIM Cards to the address on the envelope that they arrived in. If you do not call our Customer Services Team to confirm your cancellation, we may not be able to process any refund that you are entitled to.

3.3 If you cancel your Contract during the Cooling Off Period, we are entitled to retain 20 to cover the costs of administration of delivery and collection of your Mobile Phone and additional items. If you have a SIM Card only and cancel during the Cooling Off Period, you will only be charged £10 for the delivery of your SIM Card, and nothing for the return of your SIM Card.

3.4 You will not be entitled to a refund unless your Mobile Phone and any additional items are, when collected, in "as new" condition and in the original packaging. If you do not return the Mobile Phone and any additional items in "as new" condition, we may charge you up to an additional 30 fee to cover the actual cost that we must pay for the Mobile Phone and additional items. If the SIM Card has been removed from its casing, or is not returned, we will be entitled to retain £7 to cover the cost of each SIM Card.

3.5 You do not have the right to return any Mobile Phone and/or SIM Card outside of the Cooling Off Period.

3.6 If you have used the Mobile Service, during the Cooling Off Period, you may still cancel but you must pay any Charges that you have incurred. If your Pricing Plan had inclusive minutes and/or SMS messages, these will be charged at our normal rates, as per our Price List. We may send you a bill for any outstanding Charges up to 120 days after you cancel your Contract.

3.7 If you agree to renew your Contract following your Minimum Term by taking one of our renewal options, the Cooling Off Period will not apply.

4. Minimum Term

4.1 For each Mobile Phone and/or SIM Card that you receive from us, you must subscribe to the Mobile Service for at least the Minimum Term.

4.2 For each Mobile Phone and/or SIM Card that you receive from us, the Minimum Term will start on the earlier of: (a) the second day after delivery of the Mobile Phone and/or SIM Card; or (b) the date that your Mobile Phone and/or SIM Card is activated. We will automatically activate your SIM Card within 24 hours of delivery.

4.3 After the Minimum Term for each Mobile Phone and/or SIM Card ends, we will continue to provide the Mobile Service until the Contract is ended in one of the ways described in clause 15.

4.4 If you agree to renew your Contract following your Minimum Term by taking one of our renewal options, you agree that the minimum period during which you must subscribe to the Mobile Service will be extended for a further 12 months starting from the end of your Minimum Term.

5. The Services we provide

5.1 We shall provide the Mobile Service in accordance with this Contract, and as described in the User Guide and any other instructions we give you, from the date of activation of each SIM Card. The Mobile Service is made available to you on the condition that you do not: (i) re-supply, resell or otherwise make the Mobile Service available to any person on a commercial basis; or (ii) use the Mobile Service or allow the Mobile Service to be used for any purposes outlined in clause 6.3 below.

5.2 Whilst we provide the Mobile Service you authorise us to act on your behalf in all dealings with the Network Operator in connection with any matter which enables us to provide or to continue to provide you with the Mobile Service, including for example to change the number of your Mobile Phone or Existing Handset.

5.3 We may monitor or record telephone calls to or from us for security purposes and in order to improve our standards of customer service.

5.4 We cannot guarantee that the Mobile Service will be free of faults or interruptions, timely or secure as they may be affected by things we cannot control, such as lack of network capacity, physical obstructions or atmospheric conditions. 5.5. We shall provide the Mobile Service with reasonable skill and care, but if you do experience a problem or suspect a fault you should first telephone our Customer Services Team. We shall use reasonable efforts to make the Mobile Service available to you. However, the Mobile Service may not be available in all parts of the UK, nor, if you have access to overseas networks (known as "roaming"), in all other countries and may be restricted to certain areas.

5.6 Onetel reserves the right to bar your access to non-standard services such as the use of overseas networks and international or premium rate calls. Onetel will endeavour to give you reasonable notice Terms and Conditions for Mobile Service with a Minimum Term of 12 months. before doing so and may require you to make a prepayment as described in clause 11 before lifting any bar.

5.7 We may have to limit the number and length of voice and text messages (SMS) that can be left on your Mobile Phone or Existing Handset for operational efficiency. We shall inform you of the limits from time to time. You must not accept or make a reverse-charged call on your Mobile Phone or Existing Handset.

5.8 Upon your request and subject to acceptance of your application, we may provide up to 4 additional Mobile Phones and/or SIM Cards. These will be supplied at prices set out in the Price List. Regardless of who actually uses the additional Mobile Phones and/or SIM Cards, you will be responsible for all obligations relating to additional Mobile Phones and/or SIM Cards (including payment) that are set out in these terms and conditions.

5.9 If we agree to provide more than one Mobile Phone and/or SIM Card and you then terminate the Mobile Service for one or more Mobile Phones and/or SIM Cards, you will still need to pay the non-discounted line rental on one of the Mobile Phones and/or SIM Cards for the longest remaining Minimum Period for the remaining Mobile Phones and/or SIM Cards.

6. Your Use of the Mobile Service

6.1 You must use the Mobile Service in accordance with this Contract, the User Guide and any other instructions we give you. You must ensure that anyone who uses the Mobile Service does so in accordance with this Contract.

6.2 You must at all times keep the password or any PIN number for your account confidential and secure, and you must tell us immediately if the password or PIN number is disclosed to any unauthorised person. You acknowledge that: (i) we may disclose any information in connection with your account to anyone who correctly quotes your password; and (ii) our automated billing reminder/information announcements and/or other information will be heard by anyone accessing the Mobile Service.

6.3 You agree that neither you (nor anyone else) will use the Mobile Service: 6.3.1 for any improper, immoral or unlawful purpose; 6.3.2 to send a communication which is, or is intended to be, a hoax call to emergency services, or which is defamatory, offensive, abusive, obscene or menacing; 6.3.3 to violate or infringe any rights of, or to cause unwarranted inconvenience or anxiety to, any other person; 6.3.4 in such a way which may damage or affect the operation or quality of the Mobile Service, the Mobile Network or any telecommunications system used to provide the Mobile Service; or 6.3.5 fraudulently or illegally.

6.4 If you do not or any other person using the Mobile Services with your permission does not comply with any provision of this clause 6, you will indemnify us for any claims, losses, damages, costs, liabilities and expenses (including, without limitation, any legal costs and expenses) which we may suffer or incur as a result of any such non-compliance and the Mobile Services may be suspended or disconnected if you continue to breach the provisions of this clause 6. If you discover that someone else has used the Telephone Services supplied to you without your or our permission, you should notify our Customer Services Team and the Police at the first possible opportunity. You may be held liable by us for any losses that you suffer or incur as a result of such unauthorized use.

7. Unusual use of the Mobile Service

7.1 If the use of the Mobile Service does not appear to be consistent with its usual use we may, for your protection, suspend the Mobile Service. We will only do this in exceptional circumstances, for example, where it appears to us that the number of calls or charges for calls have increased significantly.

7.2 We will make reasonable efforts to contact you before suspending the Mobile Service. This may not be possible if we need to suspend the Mobile Service outside of normal working hours.

8. The SIM Card

8.1 You must use all SIM Cards in accordance with the User Guide and any other instructions we give you. You will allow us to replace or modify any SIM Card at any time. You must only use the SIM Cards to access the Mobile Service.

8.2 You must advise us if any SIM Card is lost, stolen or damaged. We will replace any SIM Card if found to be defective through faulty design or workmanship but in any other circumstances we may charge you for replacing it.

8.3 If this Contract comes to an end for whatever reason, or you no longer wish to take all or any of the Mobile Service from us, you must return all SIM Cards to us. If you do not, or any SIM Card is damaged, we may charge you for the replacement cost.

8.4 If you request a SIM Card for an Existing handset and need to unlock your Existing Handset, we will credit up to 30 (including VAT) to your account, towards unlocking your Existing Handset on production of a receipt for the charge paid to your previous service provider for unlocking your Existing Handset.

9. Charges and Payment

9.1 You will pay the Charges for the Mobile Service in accordance with the Price List. If anyone else uses the Mobile Service under this Contract you will remain responsible for paying any Charges incurred.

9.2 We can change the Charges at any time by posting the changes on our website or otherwise giving you notice. You can contact our Customer Services Team and request details of our prices or any price change at any time. We will give you reasonable notice of this before we do so.

9.3 You may at any time request a change to the Mobile Service (including without limitation a request to cancel a product or service) which request may be only accepted by us in writing. Any agreed change may be queued to take effect at the end of your current billing cycle. Your next bill will reflect any agreed change and you will be charged for that entire current billing cycle notwithstanding such change.

9.4 All Charges are subject to any applicable UK tax or duty, including Value Added Tax, at the prevailing rate.

9.5 You may elect to receive your bills from us by way of paper bills or paperless bills (otherwise known as online billing). If you do not make this choice, you recognise that you will receive paperless bills by default. We will normally send you bills for the Mobile Service on a monthly basis. We may demand payment at any other time. All Charges relating to line rental will be normally billed in advance. All other Charges will be normally billed in arrears. We will endeavour to bill you for use of the Mobile Service supplied by Onetel within 120 days of such use. If you elect to receive your bills for the Mobile Service via the paper method this will incur a monthly administration fee of 1.45 pence. If you require a duplicated bill, you agree to pay us an administration fee of 5 for each requested duplicate bill.

9.6 The bill will comprise Charges for the Mobile Service to which you subscribe and you are responsible for payment of the total Charges, which appear on the bill.

9.7 Unless we have agreed otherwise, payment is due in full for the Mobile Service and you must pay any bill by its due date.

9.8 If you pay the Charges: (a) by cheque, credit or debit card, or direct debit and your bank refuses to make payment; and/or (b) by a currency other than pounds sterling, we may charge you for the bank charges and extra administration costs, which we may incur.

9.9 If you do not pay any bill(s) on time, we may, at our discretion: (i) suspend or terminate the Mobile Service provided to you; and/or (ii) charge you interest (calculated and accruing daily) on the overdue amount(s) at the rate of 3% per annum above the Barclays Bank plc base rate from time to time; and/or (iii) charge you an administration fee of £10 to cover the costs that we incur until your late payment is received in full. In accordance with clause 14 below, we may, from time to time, vary this amount and communicate these changes to you.

9.10 You must pay the Charges by the payment method agreed between us.

9.11 If you have agreed to pay by direct debit but do not maintain payments, you must pay by another payment method.

9.12 All Mobile Phones must be paid for in full in advance, unless agreed in writing otherwise.

9.13 If you elect to take a SIM Card only, you will pay all applicable charges relating to activation of the SIM Card on your Existing Handset in full in advance.

9.14 In addition to the Mobile Service, you can acquire mobile phone ring-tones and handset screen logos from Onetel, by calling a premium rate telephone number. These will be charged to your phone bill at the rates specified at the commencement of your call to the premium rate telephone number.

9.15 If your Pricing Plan has monthly inclusive minutes and/or SMS messages, these are worked out per month based on your billing cycle. The number of inclusive minutes/SMS messages varies depending on which Pricing Plan you choose. Calls will be measured on a per second basis to determine the number of inclusive minutes that you have used. Inclusive minutes only apply whilst in the UK - roaming charges apply when calling from abroad. When your inclusive minutes have been used up, calls will be charged at the rates set out in the Price List. Inclusive may only be used at the times and on the calls to UK landlines or UK mobiles that are set out in your particular Pricing Plan. Unused inclusive minutes from any month cannot be carried forward to the next month. If your Contract is terminated or expires, you will not be entitled to any refund or unused inclusive minutes/SMS messages.

9.16 Subject to status, you will be entitled to change your Pricing Plan every 3 months by contacting our Customer Services Team. You cannot change your Pricing Plan during the first 3 months of your Minimum Term. The change to your Pricing Plan will be effective from the start of your next monthly billing period.

9.17 If your Pricing Plan has monthly inclusive minutes and/or SMS messages, your entitlement to these will be prorated in the first and last month of your contract and your entitlement will be rounded up to the nearest minute/SMS message.

9.18 Foreign network operators may levy additional charges for roaming or use of the Mobile Service outside the UK. Any such charges will be added to your bill at the prevailing rates of the relevant foreign network operator(s).

10. Credit Limits

We may apply credit limits to your account(s) for Charges incurred in each billing period. If you exceed this credit limit, we may (but do not have to) demand immediate payment of the Charges and/or suspend the Mobile Service. You will still be responsible for all Charges incurred including those exceeding the credit limit.

11. Pre-payments

If at any time you pay any amount for the Mobile Service that is in excess of the amounts required to meet your obligations under this Contract, such payments shall be credited to your account. In some circumstances, such as when you intend to use the Mobile Service for premium rate calls or overseas, we may require you to make a pre-payment, to cover expected charges for premium rate or international calls.

12. Our Warranty for the Mobile Phone

12.1 If we agree to supply you with a Mobile Phone, we pass to you, subject to its terms, the benefit of any manufacturers warranty applicable to the Mobile Phone.

12.2 If we have supplied a Mobile Phone that does not work when you receive it, you must call our Customer Services Team who will arrange for that Mobile Phone to be collected and replaced with the same model. You must call within 7 working days of receiving the Mobile Phone. If the same model is not available, you will be offered an alternative.

12.3 If we have supplied a Mobile Phone that has become defective due to defects in design, materials or workmanship within the applicable warranty period, we will use reasonable endeavours to assist you in enforcing the warranty provided by the manufacturer, but we will not act on your behalf to manage the repair and or replacement.

12.4 You shall be responsible for the safekeeping of the Mobile Phone once you have taken delivery of it. You should take out appropriate insurance cover for the Mobile Phone.

12.5 This warranty is in addition to, and does not affect, your statutory rights.

13. Our Rights to Suspend the Mobile Service

13.1 We can suspend the Mobile Service immediately: (a) if we are entitled to end this Contract; (b) if we are required to do so by the Government, an emergency service organisation or any other competent body or lawful authority; (c) for repairs, maintenance or improvement; (d) in circumstances of unusual use as described in clause 7; (e) if we have good reason to suspect fraudulent activity or misuse of the Mobile Service; or (f) if you advise that your Mobile Phone or SIM Card has been stolen/lost/damaged or destroyed.

13.2 If we suspend the Mobile Service, you may still make calls to the emergency services.

13.3 If we suspend the Mobile Service as a result of your breach of this Contract but agree at a later date to resume the Mobile Service, you may have to pay a reconnection charge as published in our Price List.

13.4 If the Mobile Service are suspended and you wish for them to be re-activated, you will have to pay a connection fee as published in our Price List. You may not be able to re-activate the Mobile Service with the same mobile phone number.

14. Changing the Contract

14.1 This section applies to all changes to this Contract except changes to Charges, which are described in clause 9.2.

14.2 We can change or update this Contract at any time. We will only do this if we have a valid reason, for example to reflect changing arrangements with the Network Operator, or changing legal or regulatory requirements. We will publish any change or update on our website before it takes effect.

14.3 We may have to change your Mobile Phone number or other number from time to time and we will tell you if we need to do so. 15. Ending the Contract

15.1 You may end the Contract for the Mobile Service by giving us 30 days prior notice and paying all Charges incurred until we stop providing the Mobile Service.

15.2 During the Minimum Term 15.2.1 If you end this Contract for the Mobile Service during the Minimum Term for any Mobile Phone and/or SIM Card, you must pay the outstanding line rental due for the reminder of the Minimum Term for each Mobile Phone or SIM Card, except where you end the Contract under your right to cancel as described in clause 3. 15.2.2 You may end this Contract for the Mobile Service during the Minimum Term for any Mobile Phone and/or SIM Card where we have increased our Charges for the Mobile Service by more than the percentage increase in RPI, provided you give us 30 days prior notice to end the Contract in accordance with clause 15.4.1 and you do so within 30 days of our telling you of the increase.

15.3 If we end your Contract for the Mobile Service during the Minimum Term under the provisions of clause 15.4.2 (a), (b) or (c) then you must also pay line rental Charges for the remainder of the Minimum Term for each Mobile Phone or SIM Card.

15.4 Our Rights to end the Contract We may end the Contract for the Mobile Service: 15.4.1 by giving you 30 days prior written notice; or 15.4.2 immediately if: (a) you do not pay the Charges on time or you break an important term or condition of this Contract, for example if you do not comply, or it appears to us that you are not complying, with any provision of clause 6 of these terms and conditions; (b) you break any other term or condition of this Contract and do not put it right within 7 days of being asked to do so; (c) you fail any credit or fraud prevention check referred to in clause

18.5 or where we have good reason to suspect fraud or money laundering as set out in clause 18.6 of these terms and conditions; (d) we have good reason for believing that any information you have given us is false or misleading; (e) you are the subject of any bankruptcy or insolvency proceedings; or (f) despite our reasonable efforts the Mobile Service are no longer available to us. You must pay all Charges incurred until we stop providing you with the Mobile Service.

15.5 If this Contract is ended neither of us lose any of our accrued rights under it.

15.6 We reserve the right to remove any product or service if that product or service remains unused for a period of 90 consecutive days.

16. Our Responsibilities to you

16.1 We do not exclude or restrict our liability for: 16.1.1 death or personal injury caused by our negligence or that of our agents, or for any liability arising under Part 1 of the Consumer Protection Act 1987 and nothing in this clause 16 limits or restricts this liability; or 16.1.2 any of our liabilities that cannot by law be excluded or restricted.

16.2 If you suffer any other loss or damage our liability will be limited to 100,000 per incident or series of connected incidents and 500,000 in any 12-month period.

16.3 We will not be responsible for any faults, damage or maintenance to the telephone line.

16.4 We will not in any event be liable for: 16.4.1 any economic loss (including loss of profit, revenue, business, contract, anticipated savings, goodwill, data, or other financial loss); 16.4.2 any loss or damage which is indirect or consequential; or 16.4.3 any SIM Card does not work in your Existing Handset, or if your Existing handset cannot be unlocked.

16.5 Subject to clause 16.1 we: 16.5.1 make no warranties, conditions, guarantees or representations as to quality or fitness for a particular purpose of the Mobile Service or other warranties, conditions, guarantees or representations whether express or implied, oral or in writing, except as expressly stated in this Contract; and 16.5.2 exclude all liability for the accuracy (or inaccuracy) of any material or other information provided or made available by us or any third party in relation to the Mobile Service.

16.6 Each provision of this clause 16 operates separately. If any part is disallowed or found to be ineffective by any Court or other regulatory body the other part will continue to apply.

17. Events Beyond our Control

We shall not be responsible for any delay or failure to carry out our responsibilities under this Contract for reasons beyond our reasonable control, including for example acts of God, exceptionally severe weather, industrial disputes, failure or shortage of power supplies, act of terrorism or riot, war, default or failure of a third party (including any Network Operator or service provider) or their telecommunications systems, or government actions.

18. Using personal information

For the purposes of this clause "TalkTalk Group" means TalkTalk Telecom Group plc and any company or other entity in which TalkTalk Group owns (directly or indirectly) more that 15% of the issued capital.

18.1 Information you provide or we hold about you (whether or not under our contract (or contracts) with you) may be used by us or our agents to: identify you when you contact us; help identify accounts, services and products which you could have from us from time to time (we may do this using an automatic scoring system, which uses the information you have provided, any information we hold about you and information from other agencies, including credit-reference agencies); help run, and contact you about the improved running of, any accounts, services and products we have provided before, or provide now or in the future; carry out marketing analysis and customer profiling (including with transactional information) and create statistical and testing information; help to prevent and detect fraud or loss; and contact you in any way (including mail, e-mail, phone, visit, text or multimedia messages) about products and services offered by us and selected partners. It is our policy to maintain contact with our customers on a regular basis. We may call you or write to you from time to time to inform you of any new services and to review your current telecommunications requirements.

18.2 We may allow other people and organisations to use information we hold about you: to provide services you have asked for; as part of the process of selling one or more of our businesses; if we have been asked to provide information for legal or regulatory purposes; or as part of current or future legal proceedings. From time to time, these other people and organisations may be outside the European Economic Area in countries that do not have the same standards of protection for personal data as the UK.

18.3 We may also allow your information to be used by other TaklTalk Group companies (including those using the Telco Global brand) for them to carry out any of the above purposes.

18.4 We may monitor and record communications with you (including phone conversations and e-mails) for quality assurance and to make sure that we are meeting our legal and regulatory requirements.

18.5 We will hold information on your phone use, including the numbers called, date, time, duration and cost of calls, together with information about your location. We will use this information to manage the phone service and provide you with any other services you may ask for. We may use this information to provide you with information about other products and services that we believe will be of value or interest to you. We will keep information for as long as is necessary to provide services you have asked for and until charges for the service cannot be lawfully challenged.

18.6 We may check your details with one or more licensed credit-reference and fraud-prevention agencies. We and they may keep a record of this search and the payment details from your account, and share it with other organisations. If a person provides false or inaccurate information and we suspect fraud, this is also recorded. This information may be used by us, and other organisations may search these records to: help make decisions about credit and credit-related services for you and members of your household; help make decisions on motor, household, credit, life and other insurance proposals and insurance claims for you and members of your household; trace debtors, recover debt, prevent fraud, and manage your accounts or insurance policies; check your identity to prevent money laundering, unless you give us other satisfactory proof of your identity; and carry out statistical analysis about credit, insurance and fraud. We, and other credit and insurance organisations, may also use technology to detect and prevent fraud.

18.7 If you need details of those credit agencies and fraud-prevention agencies from which we get, and with which we record, information about you, please write to us at the address contained in the One.Guide.

18.8 If you give us information on behalf of someone else, you confirm that you have given them the information set out in this document, and that they have not objected to their personal information being used in the way described in it. If you give us sensitive information about yourself or others (such as health details or details of any criminal convictions of members of your household), you agree (and confirm that the relevant subject of the information has agreed) to us processing this information in the way set out in this document.

18.9 If you are making a joint application or you have told us about some other financial association with someone else, a financial association between you and that other person (or people) will be made at credit-reference agencies. This will link your financial records with that other person (or people) so that both (or all) your records will be taken into account in all future applications by either or both (or all) of you. This will continue until one of you successfully files a notice with the credit-reference agencies asking that you are no longer financially associated with that person.

19. General Provisions

19.1 Third Party Rights A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.

19.2 Assignment Upon your request we will consider transferring your Contract to another person, subject to receiving proof of your and the other persons consent to this, and the other person meeting our credit criteria and other application requirements. You are not otherwise entitled to transfer your rights and responsibilities under your Contract. A 12 transfer charge shall be payable by you upon transfer to the new customer. We can transfer all or any part of this Contract at any time to another account provided the level of service you currently experience is not significantly reduced as a result.

19.3 Waiver If at any time we do not require you to comply with any part of this Contract, this will not prevent us from doing so in the future.

19.4 Enforceability If any part of these terms and conditions (including any provision in which Onetel excludes its liability to you) is deemed unenforceable by any Court or other competent body or authority, the enforceability of any other part of these terms and conditions will not be affected.

19.5 Notices and Communications Any notice under these terms and conditions, whether required to be written or otherwise, may be given by us to you by post, personal service, e-mail or SMS messaging to any address, e-mail address, or phone number you have given us to correspond with you, or by posting it on our website. You must give notices to us by post, personal service or e-mail to the relevant address set out in the User Guide.

19.6 Arbitration You may have the right to refer certain disputes in relation to the Mobile Service to arbitration in accordance with procedures established by the relevant Network Operator.

19.7 Entire Agreement This Contract represents the entire agreement between you and us in relation to the Mobile Service and shall supersede all previous agreements.

19.8 Law The laws of England and Wales apply to this Contract, unless you live in Scotland in which case the laws of Scotland apply.

T&C/MOB/v2/0506/8468 V2 (ZDK) 090306

Residential Narrowband Service

This sets out the terms on which Onetel Telecommunications Limited trading as Onetel (registered in England with number 04226697) ("Onetel") will provide our dial-up Internet access service (the "Narrowband Service") to you, the customer with whom we make this Contract ("you"). By using the Narrowband Service you agree to the following terms and conditions.

1. Definitions and Interpretation

The following definitions apply to the Narrowband Service to which you subscribe under this Contract (unless the context requires otherwise):

"Charges" mean the charges for the Narrowband Service as set out in the Price List;
"Contract" means the contract application which you agreed on the telephone or completed on our website (www.onetel.co.uk), these Terms and Conditions and the Price List;
"Narrowband Service" means the dial-up Internet access service provided to you by Onetel under the terms of this Contract, including our Internet gateway, e-mail facilities and any other facility or service that we may provide from time to time;
"Monthly Plan" means any of the Onetel Narrowband Service plans under which access to the Narrowband Service is charged on a fixed-rate monthly basis (as detailed in the Price List, in the User Guide and on our website);
"1.5 Penny Per Minute Plan" means the Onetel Narrowband Service plan under which access to the Narrowband Service is charged per minute of time on-line (as detailed in the Price List, in the User Guide and on our website);
"Price List" means the list(s) of Charges current at the time you use the Narrowband Service as published on our website;
"RPI" means the All Items Index of Retail Prices published by the Central Statistical Office in the Monthly Digest of Statistics;
"User Guide" means any guide or guides published by us on our website or otherwise provided, which give(s) instructions about and information on the Narrowband Service; and
"we" and "us" means Onetel Telecommunications Limited and/or our agent(s).

2. When this Contract begins

2.1 The Contract begins when we confirm to you our acceptance of your application by e-mail or otherwise. Upon our acceptance of your application, we will send you a User Guide, including a copy of these terms and conditions and the then current Price List, and you will: (i) be allocated an account number; and (ii) be required to elect a username and password that you must use to gain access to the Narrowband Service.

2.2 You represent that you are at least 18 years old and that you have the right, ability and (if applicable) permission to enter into this Contract.

2.3 In applying for the Narrowband Service, you agree to provide us with true, correct and complete information on yourself, such as without limitation your name, address and birth date, and confirmation of your right and (if applicable) permission from the person responsible for paying the line rental to enter into the Contract. You will also notify us of any changes to this information and provide us with any further information reasonably requested by us from time to time. Any failure by you to comply in any way with this clause 2.3 will constitute a breach of this Contract and may result in the immediate suspension or termination of your access to the Narrowband Service.

3. Customers' Right to Cancel the Contract

3.1 You may cancel your Contract for the Narrowband Service within 7 working days of receiving these terms and conditions for the Narrowband Service (the "Cooling Off Period").

3.2 If you want to cancel your Contract, you must call our Customer Services Team (please see the User Guide for details) to confirm cancellation before the Cooling Off Period expires. If you do not call our Customer Services Team to confirm your cancellation, we may not be able to recognise or process your cancellation.

3.3 If you have used the Narrowband Service during the Cooling Off Period, you may still cancel your Contract but you must pay any Charges that you have incurred.

4. The Narrowband Service we provide

4.1 We shall provide the Narrowband Service to you in accordance with this Contract and as described in the User Guide and any other instructions we give you from the date you are connected to the Narrowband Service. We will endeavour to connect you to the Narrowband Service within 48 hours of our receipt of your application for the Narrowband Service, but we do not warrant that you will be connected to the Narrowband Service by then. Once connected, you will be able to access the Narrowband Service and shall (subject to clause 6.5 below) be liable for any Charges incurred as a result of use of the Narrowband Service we provide to you.

4.2 The Narrowband Service is made available to you on the condition that you do not: (i) re-supply, resell or otherwise make the Narrowband Service available to any person on a commercial basis; or (ii) use the Narrowband Service or allow the Narrowband Service to be used for any purposes outlined in clause 5.5 below.

4.3 We may select and at any time change any carrier or other service provider for the purposes of providing, and you authorise us to give all notices, nominations and other authorisations that are necessary for us to provide, the Narrowband Service to you.

4.4 Whilst we provide the Narrowband Service to you, you authorise us to act on your behalf in all dealings with the operator of any network or telecommunications system over which we provide the Narrowband Service in relation to any matter that enables us to provide or to continue to provide you with the Narrowband Service.

4.5 We cannot guarantee that the Narrowband Service will be free of faults or interruptions, timely, secure and/or available at all times to the extent the Narrowband Service may be affected by things we cannot control, such as lack of network capacity, third party interference, physical obstructions or atmospheric condition.

4.6 We shall provide the Narrowband Service with reasonable skill and care. If you do experience a problem or suspect a fault you should first telephone our Customer Services Team (please see the User Guide for details). We may monitor or record telephone calls to or from us for security purposes and in order to improve our standards of customer service. We shall not in any circumstances be responsible for any call-out or other charges you incur to any third party network operator as a result of any problem or fault with the Narrowband Service.

4.7 We may log you off the Narrowband Service temporarily if you are connected to but do not actively use the Narrowband Service for any period exceeding 20 minutes. We may also log you off the Narrowband Service after 2 hours of continuous connection to the Narrowband Service (or after 6 hours of continuous connection to the Narrowband Service if you subscribe to our GameXtra "unlimited hours" Monthly Plan). If you are logged off for any reason under this clause 4.7, you may reconnect to the Narrowband Service. We do not however guarantee that you will be logged off the Narrowband Service after the above periods and, if on any occasion you are not, you will remain responsible for paying for the length of time you are on-line.

4.8 Some material on the Internet may be offensive, inappropriate or unsuitable. You agree that we accept no responsibility whatsoever for any content, products or services offered by third parties on the Internet or for any third party information whatsoever passing through or accessible via the Narrowband Service.

4.9 As part of the Narrowband Service, we provide you with e-mail facilities, web hosting and other services that require us to set aside storage space for you on our computers. In order to manage our computers and the services we provide, we may: (a) impose limits on the storage space set aside for you. Such limits may be set by reference to the physical amount of web space made available to you, the number of e-mail messages held by you, the size of any attachments sent to you or any other method we may specify from time to time; (b) at any time, vary the limits on the storage space set aside for you and we will inform you by e-mail of any such variation; (c) refuse to accept and/or delete any material that causes you to exceed the limits on the storage space set aside for you; and (d) close any e-mail address and/or web space that we may have supplied to you if that e-mail address and/or web space remains inactive for three months.

4.10 We may modify or remove any part of the Narrowband Service at our sole discretion at any time. We shall make all reasonable efforts to inform you before we do so and you may terminate this Contract without penalty if any such modification significantly reduces the level of service that you experience.

5. Your Use of the Narrowband Service

5.1 You must: (i) use the Narrowband Service; and (ii) ensure that anyone who uses the Narrowband Service we provide to you does so; in accordance with this Contract, the User Guide and any other instructions we give to you from time to time.

5.2 You will be responsible for all access to and use of the Narrowband Service through your account. You may permit another person, including a minor, to use your account but you assume responsibility and liability for any and all on-line activities conducted by that person, and for any material to which that person is exposed, using your account. Only one person is permitted to use your account at any one time.

5.3 You must at all times keep the password and/or any PIN for your account confidential and secure. You may change the password for your account at any time via the Virtual Customer Service Centre on our website. If you lose the password for your account, your password is disclosed to any unauthorised person or you believe that someone else has obtained or used your password or accessed your account without your or our permission, you must notify our Customer Services Team at the first possible opportunity (but in any event no later than 7 days after you receive notification thereof, which shall for the avoidance of doubt include without limitation your itemised bill) that unauthorised disclosure or use of your password or access to your account has been made. If you do not notify us of such in accordance with this clause 5.3, we may hold you liable for any losses that you suffer or incur as a result.

5.4 For the purposes of clause 5.3 above, we recommend that you do not select the "Save Password" option in the "dial-up box" that appears when accessing the Narrowband Service. Saving the password for your account in this manner could make it accessible to a third party, who may then use your password to access the Narrowband Service through your account.

5.5 You shall not use, nor allow any other(s) to use, the Narrowband Service: (a) to store, send or distribute any material that is unsolicited, defamatory, offensive, abusive, obscene, pornographic or menacing; (b) to violate or infringe any rights of, or cause unwarranted or needless inconvenience, annoyance or anxiety to, any other person; (c) to breach any laws, legislation, regulations, codes, standards or content requirements of any relevant body or authority; (d) to obtain unauthorised access to any information, network or telecommunications system(s); (e) to compromise the security or integrity of any network or telecommunications system(s), including without limitation any part of our network or telecommunications systems; (f) to place any viruses or other similar computer programs onto the Narrowband Service or the Internet; (g) to store, distribute or reproduce commercial software or reproduce a third party's software or material without the permission of that third party and/or the relevant rights holder(s); or (h)for any improper, fraudulent or otherwise unlawful purpose.

5.6 If you do not or any other person using the Narrowband Service with your permission does not comply with any provision of this clause 5, you will indemnify us for any claims, losses, damages, costs, liabilities and expenses (including, without limitation, any legal costs and expenses) which we may suffer or incur as a result of any such non-compliance and the Narrowband Service may be suspended or disconnected if you continue to breach the provisions of this clause 5. If you discover that someone else has used the Narrowband Service supplied to you without your or our permission, you should notify our Customer Services Team and the Police at the first possible opportunity. You may be held liable by us for any losses that you suffer or incur as a result of such unauthorized use.

6. Equipment

6.1 You agree that we are in no way responsible for providing, configuring or maintaining any equipment or computer software that you will need to access the Narrowband Service.

6.2 You acknowledge that the Internet contains viruses and other computer programs that may destroy or corrupt data on your own computer system. We have no control over, nor do we filter or check for, viruses or other such computer programs on the Internet. You therefore agree to check your computer system for viruses and other such computer programs on a regular basis.

7. Charges and Payment

7.1 We will bill you for the Narrowband Service in accordance with the relevant terms, tariffs, rules and Charges applying at the time the Narrowband Service is used. If you are using your mobile phone to connect to the Narrowband Service, your mobile phone provider may levy a charge (for which you will be responsible for payment) over and above our Charges.

7.2 You may at any time request a change to the Narrowband Service (including without limitation a request to cancel a product or service) which request may be only accepted by us in writing. Any agreed change may be queued to take effect at the end of your current billing cycle. Your next bill will reflect any agreed change and you will be charged for that entire current billing cycle notwithstanding such change.

7.3 Access to and use of the Narrowband Service is charged in accordance with the rates set by us, which include provision for personal and commercial use and may be varied from time to time. We may vary any Charges or rates, and/or charge to you any taxes or duties imposed in relation to the Narrowband Service, at any time by posting the resulting price changes on our website or otherwise giving you notice. You can contact our Customer Services Team and request details of our prices or any price change at any time. We will give you at least 5 calendar days' prior notice before any price change under this clause 7.3 takes effect. If we increase any of our prices by more than the percentage increase in the RPI since that price was implemented or last changed (as applicable), you may end this Contract without penalty and the new price(s) will not apply to you. If you elect to receive your bills for the Narrowband Service via the paper method this will incur a monthly administration fee of 1.45.

7.4 Unless specified to the contrary, all Charges are subject to any applicable UK tax or duty, including Value Added Tax, at the prevailing rate.

7.5 Subject to clause 7.6 below: (a) if you subscribe to any of the Monthly Plans, we will bill you each month in advance for the monthly Charge (including Value Added Tax) that applies to the Monthly Plan to which you subscribe. Your first bill will be pro-rated to reflect that part of the first month that you were connected to the Narrowband Service; or (b) if you subscribe to the 1.5 Penny Per Minute Plan, we will bill you monthly in arrears from the time you are connected to the Narrowband Service.

7.6 You accept that: (i) any use of the Narrowband Service by any person accessing your account is deemed to be authorised by you; and (ii) we will bill you for and you are responsible for payment of any Charges arising from any such use unless, upon becoming aware of such use, you notify our Customer Services Team at the first possible opportunity in accordance with clause 5.3 above that someone is using the Narrowband Service without your permission.

7.7 We will normally send you bills for the Narrowband Service on a monthly basis. We may vary billing frequency or demand payment at any other time by giving you prior written notice. We will endeavour to bill you for use of the Narrowband Service supplied by Onetel within 120 days of such use. If you require a duplicated bill, you agree to pay us an administration fee of 5 for each requested duplicate bill.

7.8 Unless we have agreed otherwise, payment is due in full for use of the Narrowband Service through your account and you must pay any bill for Charges arising from such use by the due date specified in the bill.

7.9 You may elect to receive your bills from us by way of paper bills or paperless bills (otherwise known as online billing). If you do not make this choice, you recognise that you will receive paperless bills by default. You may elect to have your bills paid by way of a direct debit from: (i) a bank account held by you at an approved financial institution; or (ii) a valid credit card held with an approved financial institution and nominated by you. If you do not elect to have your bills paid by way of direct debit or a direct debit for one of your bills is dishonoured or cancelled, we may charge you a monthly billing administration fee, (which may include a charge for any bank charges and/or approved financial institution fees that we incur as a result) which we may vary from time to time in accordance with clause 9 below. For details of applicable fees please call Customer Services or visit the Frequently Asked Questions (FAQ) section at www.onetel.co.uk. If you change your direct debit details, any such changes may take up to 30 days to take effect.

7.10 If you pay the Charges (i) by cheque, credit card or debit card and your bank or credit card company refuses to make payment or (ii) in a currency other than pounds sterling, we may charge you for any bank charges, approved financial institution fees and/or other administration costs (which may include third party charges) that we incur as a result.

7.11 If you do not pay any bill(s) on time, we may, at our discretion: (i) suspend or terminate the Narrowband Services provided to you; and/or (ii) charge you interest (calculated and accruing daily) on the overdue amount(s) at the rate of 3% per annum above the Barclays Bank plc base rate from time to time; and/or (iii) charge you an administration fee of £10 to cover the costs that we incur until your late payment is received in full. In accordance with clause 10 below, we may, from time to time, vary this amount and communicate these changes to you.

8 Credit Limit / Security Payment

8.1 We may, at our sole discretion and at any time, impose a credit limit on your account and/or require payment of a security deposit or interim payment by you.

8.2 Any credit limit imposed can be amended without prior notice. If you exceed any such credit limit: (i) we may demand immediate payment of the Charges and/or suspend the Narrowband Service; and (ii) you will still be responsible for all Charges incurred including those exceeding the credit limit.

8.3 If at any time we require you to pay a security deposit under clause 8.1 above, we may: (i) suspend provision of the Narrowband Service 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.

9. Our Rights to Suspend the Narrowband Service

9.1 We can at our discretion suspend your access to the Narrowband Service immediately: (a) if we are entitled to under clause 2.3, 4, 7.11, 8.2 or 8.3 above; (b) if we are required to do so by the Government, an emergency service organisation or any other competent body or authority; (c) for repairs, maintenance or improvement; or (d) if we have good reason to suspect fraudulent activity or misuse of the Narrowband Service or any other breach by you of this Contract.

9.2 We will normally inform you first if we are going to suspend your access to the Narrowband Service.

10. Changing the Contract

10.1 This clause 10 applies to all changes to this Contract, except changes to Charges which are dealt with in clause 8.2 above.

10.2 Subject to clause 10.1 above, we may vary the terms and conditions of this Contract at any time by posting the changes on our website. We will only do this if we have a valid reason, for example to reflect changing arrangements with any operator of any telecommunications network or system over which we provide the Narrowband Service or changing legal, regulatory or business requirements. You agree that, if you decide to use the Narrowband Service after any amendments to the terms and conditions of this Contract have been posted on our website, you will be bound by the terms and conditions of this Contract as varied.

10.3 We reserve the right to remove any product or service if that product or service remains unused for a period of 90 consecutive days.

11. Ending the Contract

11.1 Subject to clause 7.3 above, you may end this Contract for the Narrowband Service by giving us 7 calendar days' prior notice in writing, by e-mail or by telephone and provided that you quote your correct account password in giving any such notice.

11.2 We may end this Contract for the Narrowband Service: (i) by giving you 30 calendar days' prior notice in writing or by e-mail; or (ii) immediately if: (a) you do not pay any Charges on time or you breach a materially important term or condition of this Contract (including without limitation any provision of clause 4 above); (b) you breach any term or condition of this Contract that does not fall within sub-clause 11.2(a) above and do not put it right within 7 calendar days of being asked to do so; (c) you fail any credit or fraud prevention check referred to in clause 14.3 below or we have good reason to suspect fraud or money laundering as set out in clause 14.4 below; (d) we have good reason for believing that any information you have given us is false or misleading or for any other failure by you to comply with clause 2.3 above; (e) you are the subject of any bankruptcy/insolvency proceedings; or (f) despite our reasonable efforts the Narrowband Service is no longer available to us.

11.3 If this Contract ends for any reason: (a) we will immediately terminate your access to the Narrowband Service; (b) if you subscribe to our 1.5 Penny Per Minute Plan, we will send you a bill for all unbilled Charges incurred on your account through use of the Narrowband Service prior to termination of your access to the Narrowband Service and, subject to clause 6.5 above, you must pay the bill by its due date; (c) if you subscribe to any of our Monthly Plans, you will remain responsible for paying the applicable monthly Charge in full for the month in which you or we terminate this Contract. No refund will normally be given for any period for which you have paid in advance. Any charges that you have already paid and to which we are entitled will not be refunded; and (d) neither you nor Onetel shall lose any rights accrued under this Contract prior to it ending.

12. Our Responsibilities to you

12.1 We do not in any way exclude or limit: (i) our liability for death or personal injury caused by our negligence or that of our agents; (ii) any liability under Part 1 of the Consumer Protection Act 1987; or (iii) any liability that cannot by law be excluded or limited.

12.2 If (subject to clauses 4.3 and 4.6 above and this clause 12) you suffer any other loss or damage under or in relation to this Contract, our liability will be limited to 100,000 per incident or series of connected incidents and 500,000 in any 12-month period.

12.3 We will not in any event be responsible or liable for: (i) any faults, damage or maintenance to your telephone line; (ii) any economic loss (including any loss of profit, revenue, business, contract, anticipated savings, goodwill or data or any other financial loss); or (iii) any indirect or consequential loss or damage.

12.4 Subject to clause 12.1 above, we: (i) make no warranties, conditions, guarantees or representations as to quality or fitness for a particular purpose of the Narrowband Service or other warranties, conditions, guarantees or representations whether express or implied, oral or in writing, except as expressly stated in this Contract; and (ii) exclude all liability for: (a) the accuracy (or inaccuracy) of any material or other information provided or made available by us or any third party in relation to the Narrowband Service; (b) any third party goods or services purchased or obtained by you or any transactions entered into by you using the Narrowband Service; and (c) the transmission or reception of, or any failure to transfer or receive, any information or software.

12.5 Each provision of this clause 12 operates separately. If any provision is disallowed or found to be ineffective by any Court or other regulatory body the other provisions will continue to apply.

13. Events Beyond our Control

We shall not be responsible for any delay or failure to carry out our responsibilities under this Contract for reasons beyond our reasonable control, including for example acts of God, exceptionally severe weather, industrial disputes, failure or shortage of power supplies, act of terrorism or riot, war, default or failure of a third party (including any network operator or service provider) or their telecommunications systems or government actions.

14. Using personal information

For the purposes of this clause "TalkTalk Group" means TalkTalk Telecom Group plc and any company or other entity in which TalkTalk Group owns (directly or indirectly) more that 15% of the issued capital.

14.1 Information you provide or we hold about you (whether or not under our contract (or contracts) with you) may be used by us or our agents to: (a) identify you when you contact us; (b) help identify accounts, services and products which you could have from us from time to time (we may do this using an automatic scoring system, which uses the information you have provided, any information we hold about you and information from other agencies, including credit-reference agencies); (c) help run, and contact you about the improved running of, any accounts, services and products we have provided before, or provide now or in the future; (d) carry out marketing analysis and customer profiling (including with transactional information) and create statistical and testing information; (e) help to prevent and detect fraud or loss; and (f) contact you in any way (including mail, e-mail, phone, visit, text or multimedia messages) about products and services offered by us and selected partners. It is our policy to maintain contact with our customers on a regular basis. We may call you or write to you from time to time to inform you of any new services and to review your current telecommunications requirements.

14.2 We may allow other people and organisations to use information we hold about you: to provide services you have asked for; as part of the process of selling one or more of our businesses; if we have been asked to provide information for legal or regulatory purposes; or as part of current or future legal proceedings. From time to time, these other people and organisations may be outside the European Economic Area in countries that do not have the same standards of protection for personal data as the UK.

14.3 We may also allow your information to be used by other TalkTalk Group companies (including those using the Telco Global brand) for them to carry out any of the above purposes.

14.4 We may monitor and record communications with you (including phone conversations and e-mails) for quality assurance and to make sure that we are meeting our legal and regulatory requirements.

14.5 We will hold information on your phone use, including the numbers called, date, time, duration and cost of calls, together with information about your location. We will use this information to manage the phone service and provide you with any other services you may ask for. We may use this information to provide you with information about other products and services that we believe will be of value or interest to you. We will keep information for as long as is necessary to provide services you have asked for and until charges for the service cannot be lawfully challenged.

14.6 We may check your details with one or more licensed credit-reference and fraud-prevention agencies. We and they may keep a record of this search and the payment details from your account, and share it with other organisations. If a person provides false or inaccurate information and we suspect fraud, this is also recorded. This information may be used by us, and other organisations may search these records to: (a) help make decisions about credit and credit-related services for you and members of your household; (b) help make decisions on motor, household, credit, life and other insurance proposals and insurance claims for you and members of your household; (c) trace debtors, recover debt, prevent fraud, and manage your accounts or insurance policies; (d) check your identity to prevent money laundering, unless you give us other satisfactory proof of your identity; and (e) carry out statistical analysis about credit, insurance and fraud. We, and other credit and insurance organisations, may also use technology to detect and prevent fraud.

14.7 If you need details of those credit agencies and fraud-prevention agencies from which we get, and with which we record, information about you, please write to us at the address contained in the One.Guide.

14.8 If you give us information on behalf of someone else, you confirm that you have given them the information set out in this document, and that they have not objected to their personal information being used in the way described in it. If you give us sensitive information about yourself or others (such as health details or details of any criminal convictions of members of your household), you agree (and confirm that the relevant subject of the information has agreed) to us processing this information in the way set out in this document.

14.9 If you are making a joint application or you have told us about some other financial association with someone else, a 'financial association' between you and that other person (or people) will be made at credit-reference agencies. This will link your financial records with that other person (or people) so that both (or all) your records will be taken into account in all future applications by either or both (or all) of you. This will continue until one of you successfully files a notice with the credit-reference agencies asking that you are no longer financially associated with that person.

15. Third Party Rights

A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.

16. Assignment

16.1 You may not assign any of your rights or obligations under this Contract without our prior written consent.

16.2 We may obtain an alternative provider to provide the Narrowband Service to you. You agree to the assignment of our rights and obligations under this Contract to that alternative provider, provided that the level of service that you experience is not significantly reduced as a result, and authorise us to execute on your behalf any documents necessary to give effect to any such assignment.

17. Waiver

If at any time we do not require you to comply with any part of this Contract, this will not prevent us from doing so in the future.

18. Enforceability

18.1 If any part of this Contract (including any provision in which we exclude or limit our liability to you) is deemed unenforceable by any Court or other competent body or authority, the enforceability of any other part of this Contract will not be affected.

19. Notices and Communications

Any notice under this Contract, whether required to be written or otherwise, may be given by us to you by post, personal service, e-mail or SMS messaging to any address, e-mail address or phone number you have given us to correspond with you, or by posting it on our website. You must give notices to us by post, personal service or e-mail to the relevant address set out in the User Guide.

20. Entire Agreement

This Contract represents the entire agreement between you and us in relation to the Narrowband Service and shall supersede all previous agreements.

21. Law

The laws of England and Wales apply to this Contract, unless you live in Scotland in which case the laws of Scotland apply.

Broadband Service

These are the terms and conditions on which Onetel Telecommunications Limited (registered in England with number 04226697) trading as Onetel ("Onetel") provides its broadband services (the "Service", as further defined below) to the you Customer. By using the

You agree to use our Service subject to the following terms and conditions ("conditions").

The following terms shall have the following meanings in these Conditions:

1. Definitions

"ADSL" means an Asymmetric Digital Subscriber Line;
"Charges" means the charges associated with the Services and the Equipment, as described at www.onetel.co.uk or available from Onetel on request;
"Conditions" means these terms and conditions;
"Contract" means the agreement between Onetel and you comprising the contract application for Broadband as agreed over the telephone or completed by fax or on our website (www.onetel.co.uk) by you or on the your behalf, these terms and Conditions and the Price List;
"Equipment" means the modem, router or microfilter(s), software or other materials supplied by us to you;
"Initial Period" means a period of 12-consecutive months commencing from the Start Date of the Service that will automatically renew for consecutive 12-month periods until Onetel receives notice from you in accordance with these Conditions or unless otherwise terminated in accordance with clause 6;
"Minimum Technical Specification" means, in relation to the Service, the minimum specifications for your computer, connecting cables and operating environment, as described at www.onetel.co.uk or available from Onetel on request;
"Network" means the telecommunications network, which Onetel operates and for the purposes of such network, any apparatus leased by, or otherwise obtained by, Onetel from a third party;
"Onetel" "we" "us" or "our" means Onetel Telecommunications Ltd (trading as Onetel);
"Premises" means your premises where the Service is to be received, which UK address is specified in your application form or otherwise advised by you on the telephone at the time of making your application;
"Price List" means the list(s) of Charges current at the time you use the Service and Equipment as published on our website or as may be amended from time to time by Onetel by posting on our website;
"Service" means the services provided by us to you under the Contract, comprising (i) high speed access to the Internet via your telephone line using ADSL technology, (ii) the preparation and set-up of such access, and (iii) remote access diagnostics.
"Start Date" means the date the Service is activated on the Network and is made available to you in accordance with these conditions;
"User Guide" means any guide or guides published by us as amended from time to time, which give(s) instructions about and information on the Service;
"you" or "your" means the person or entity with whom we are entering into the Contract, whose details are included on the contract application forming part of the Contract;

2. Broadband Service

2.1 Following acceptance of your application for the provision by us of the Service and confirmation that your telephone line supports ADSL, we will: (a) write or e-mail to confirm your order and Start Date; (b) start making all necessary arrangements so as to enable access by you of the Service with effect from the Start Date; and (c) if applicable, deliver the Equipment to your Premises. We will provide the Service at the Premises however, if you later move, and we are able to provide the Service at your new address, you will be required to enter into a new agreement with us.

2.2 You acknowledge and accept that provision by us of the Service is subject to the following: (a) on the Start Date, you must ensure that your computer, connecting cables and operating environment have all met, and thereafter continue to meet, the Minimum Technical Specifications; (b) prior to the Start Date, you must ensure that you have correctly installed the Equipment or equivalent appropriate hardware, and thereafter that such Equipment or equivalent appropriate hardware remains correctly installed; (c) the transmission speeds are offered up to 2Mb, if your telephone line won't support that speed we will offer you the best available speed; (d) the transmission speeds of the Service will vary from time to time due to congestion on the network and cannot therefore be guaranteed; (e) you are responsible for the telephone line to which this Service is provided and should any termination, suspension, cut-off, loss, interruption, virus or fault with such telephone line result in termination, suspension, cut-off, interruption, fault, virus or loss of the Services, we accept no responsibility if this occurs; (f) we may from time to time suspend provision of the Service because of repair (whether scheduled or due to emergency), maintenance or improvement, in which case we will endeavour to restore Service to you as soon as possible; (g) you must at your own expense provide suitable accommodation, facilities, assistance and environmental conditions for the Equipment and you must ensure all necessary electrical and other fittings are in place and in working order; (h) you must have a secure power supply at your Premises. This must be provided and maintained by you. Onetel will not be held responsible for any interruption, loss, termination, suspension, cut-off, loss, virus or failure of the Service caused by power supply failure, lack of network capacity, physical obstructions or atmospheric conditions; (i) payment by you of all Charges when due as described in Section 5; (j) you represent that, in the case of an individual, you are at least 18 years old and that you have the right, ability and (if applicable) permission to enter into the Contract.

2.3 Some material on the internet may be offensive, inappropriate or unsuitable. You agree that we accept no responsibility whatsoever for any content, products, services, information, software or other materials offered by third parties on the internet or for any third party information whatsoever passing through or accessible via the Service (including via e-mail). You also agree that you are responsible for ensuring that your computer is adequately protected against viruses.

3. Use of the Service

3.1 You are solely responsible with respect to the accuracy, reliability, availability and performance of resources and/ or content accessed through the Internet (including but not limited to, any and all financial and other transactions of any kind entered into by you or any person using the Service with any third party), which in all cases and in all circumstances you acknowledge and accept are at your own risk and, in any event, beyond our control.

3.2 You will comply with (and ensure that all users of your Service comply with): (a) all relevant legislation, licences and regulations (including, but not limited to, legislation and regulations relating to e-commerce and consumers) and mandatory instructions or guidelines issued by regulatory authorities; (b) codes of practice relevant to use of the Service; (c) any Internet standards that are accepted and adopted by the Internet industry where failure to comply with such standards would adversely affect the provision of the Service; and (d) the User Guide and any reasonable instructions that we may give you from time to time.

3.3 You shall not use, nor allow any other(s) to use, the Service: (a) to store, send, knowingly receive, upload, download or distribute any material that is unsolicited, defamatory, offensive, abusive, obscene, pornographic or menacing, or in breach of copyright, confidence, privacy or any other rights; (b) to violate or infringe any rights of, or cause unwarranted or needless inconvenience, annoyance or anxiety to, any other person; (c) to breach any laws, legislation, regulations, codes, standards or content requirements of any relevant body or authority; (d) to obtain unauthorised access to any information, network or telecommunications system(s); Terms and Conditions for Broadband. (e) to compromise the security or integrity of any network or telecommunications system(s), including without limitation any part of our network or telecommunications systems; (f) to place any viruses or other similar computer programs onto the Service or the internet; (g) to store, distribute or reproduce commercial software or reproduce a third party's software or material without the permission of that third party and/or the relevant rights holder(s); (h) for any improper, fraudulent or otherwise unlawful purpose; or (i) to spam or to send or provide unsolicited advertising or promotional material or knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party. You agree to take all reasonable steps to make sure that this does not happen.

3.4 You acknowledge that the Service is provided to other users and we owe a duty to them as a whole to preserve our Network integrity and to avoid Network degradation. If you use the Service in any way that, in our reasonable opinion, is or is likely to be detrimental to the provision of the Service to you or any other of our customers then we may change your Service, (including without limitation, your Transmission Speed) or manage your use of, or access to our Service as we see fit in accordance with our Fair Use Policy as set out at www.onetel.co.uk. If, in our reasonable opinion, you fail to take such corrective action as required by our Fair Use Policy within a period of 3 days of our demand, we shall be entitled to suspend the Service without notice.

3.5 In all circumstances, you will indemnify us against any claims, actions or legal proceedings (including reasonable related costs and expenses, legal or otherwise) which are brought or threatened against us by a third party as a result of your failure to comply with your obligations under this clause 3.

3.6 Although the Service is self-install and we do not anticipate having to visit you for any reason (whether for installation, activation or otherwise), you will, if reasonably required by us, provide us or our authorised subcontractors with access to your premises for the purpose of installation and/or activation, repair, maintenance, upgrades or recovery of equipment (whether belonging to us or to our subcontractors). Where the Service relates to the provision of remote access diagnostics, you will provide us or our authorised subcontractors, with access to your computer and equipment for the purposes of remote access and you accept that such access will be at your own risk.

3.7 Your user name and password are confidential and you must inform us immediately if you know or suspect that a user name or password has been disclosed to an unauthorised user or is being used in an unauthorised way, and we reserve the right to suspend user names and password access to the Service if we believe that there has been or is likely to be unauthorised use of the Service. You must not change or attempt to change (either directly or indirectly) a user name or password without our written consent. Until you have notified us of the unauthorised use, you remain responsible for such use as if it was authorised use. If we request you to do so, you must promptly change your user name and/ or passwords used in connection with the Service.

3.8 You acknowledge and agree that this Service is intended for residential use only and you will not use the Service for any other purpose (whether business purposes or otherwise) unless agreed by us. If you use the Service for business purposes or any other purposes other than residential purposes you agree that you do so without any conditions, guarantees, warranties, whether express or implied including but not limited to any warranties or conditions as to satisfactory quality, fitness or suitabililty for a particular purpose, which are expressly excluded to the maximum extent permitted by law.

4. Onetel Obligations

4.1 We shall provide the Service to you in accordance with this Contract and as described in the User Guide and any other instructions we give you from time to time.

4.2 The Service is made available to you on the condition that the you do not: (i) re-supply, resell or otherwise make the Service available to any person on a commercial basis; or (ii) use the Service or allow the Service to be used for any purposes outlined in clause 3.3 above.

4.3 We may select and at any time change any carrier or other service provider for the purpose of providing the Service. The Customer hereby irrevocably authorises us to give all notices, nominations and other authorisations that are necessary for us to provide the Service.

4.4 You hereby irrevocably authorises us to act on your behalf in all dealings with the operator of any telecommunications network or system in connection with any matter that enables us to provide or to continue to provide the with the Service to you.

4.5 We do not guarantee that the Service will be free of faults or interruptions, errors, omissions or viruses or will be timely or secure. You recognise that the Service may be affected by things we cannot control, such as (without limitation) lack of network capacity, physical obstructions, atmospheric conditions or delays caused by our suppliers or manufacturers.

4.6 We shall provide the Service with reasonable skill and care but if you experiences a problem or suspects a fault you should first telephone our customer services team (please see the User Guide for details). We shall not in any circumstances be responsible for any call-out or other charges that you incurs from BT or any other third party telecommunications network or systems operator as a result of any problem or fault with the Service.

4.7 If you have a query or complaint regarding the Service, please contact our customer services team (please see the User Guide for details). We may monitor or record telephone calls to or from us for security purposes and in order to improve our standards of customer service. You may also refer any complaints regarding the Service to ISPA dispute resolution.

4.8 As part of the Service, we provide you with e-mail facilities, web hosting and other services that require us to set aside storage space for you on our computers. In order to manage our computers and the Services we provide, we may: (a) impose limits on the storage space set aside for you. Such limits may be set by reference to the physical amount of web space made available to you, the number of e-mail messages held, transmitted or received by you, the size of any attachments or downloads sent to, or received or transmitted by, you or any other method we may specify from time to time; (b) at any time, vary the limits on the storage space set aside for you and we will inform you by e-mail of any such variation; (c) refuse to accept and/or delete any e-mails, files, attachments or other material that causes you to exceed the limits on the storage space set aside for you; and (d) close any e-mail address and/or web space that we may have supplied to you if that e-mail address and/or web space remains inactive for three months.

4.9 The obligations of Onetel to provide the Service shall be conditional upon the Minimum Technical Specification being met by you.

5. Charges

5.1 We will send you an invoice for the Charges on or after the Start Date, and thereafter monthly in advance. We reserve the right to change the timing and/ or frequency of our invoices. We will endeavour to bill you for use of the Service supplied by Onetel within 120 days of such use. If you elect to receive your bills for the Service via the paper method there will be a monthly administration charge of 1.45.

5.2 You may at any time request a change to the Service (including without limitation a request to cancel a product or service) which request may be only accepted by us in writing. Any agreed change may be queued to take effect at the end of your current billing cycle. Your next bill will reflect any agreed change and you will be charged for that entire current billing cycle notwithstanding such change.

5.3 You may elect to receive your bills from us by way of paper bills or paperless bills (otherwise known as online billing). If you do not make this choice, you recognise that you will receive paperless bills by default. You must pay all Charges associated with your Service within 14 days of the invoice date in accordance with the direct debit instruction provided as part of your application or with a valid debit or credit card registered in your name or by cheque drawn on a UK clearing bank.

5.4 If you do not pay any bill(s) on time, we may, at our discretion: (i) suspend or terminate Services provided to you; and/or (ii) charge you interest (calculated and accruing daily) on the overdue amount(s) at the rate of 3% per annum above the Barclays Bank plc base rate from time to time; and/or (iii) charge you an administration fee of £10 to cover the costs that we incur until your late payment is received in full. In accordance with clause 11.2 below, we may, from time to time, vary this amount and communicate these changes to you.

5.5 If, in response to our notification, you provide us with a valid payment method so as to enable us to collect all sums due on your account, we will re-apply for payment. If we are still unable to recover all payments due, or if your account remains wholly or partly outstanding for any other reason, 18 days after the original due date for payment we will: (a) send a further written notification requiring you to discharge your account in full within 7 days from the date of this notification, failing which we reserve the right to refer your outstanding account to credit reference agencies and/ or solicitors and/ or other third party collection services (in which case you will be responsible for all costs that are incurred by us in taking such action); and (b) charge you a further administration fee together with a fee for the submission of the further written notification.

5.6 If your account remains unpaid for a period of 25 days after the original due date for payment, a security deposit of two times your average monthly invoice may be required before we reinstate your Services.

5.7 Onetel reserves the right to vary the Charges at any time on giving you notice in writing. We will give you 30 days written notice if we vary the Charges by posting on our website.

5.8 Should we grant you a credit for the Charges (whether as a result of an over-payment or otherwise), then we will need to manage and track the holding of this credit on your relevant account, and for this reason, we urge you to reclaim such credit promptly. Should you fail to do so within 3 months of the date of issue of such credit, we reserve the right to charge you an administration fee for the reasonable costs of managing and tracking the holding of the credit.

6. Duration, Cancellation and Termination

6.1 This Contract will remain in force (unless terminated earlier under these Conditions) for the Initial Period and thereafter will automatically continue for subsequent periods of the same duration, unless notified in writing otherwise by either party within 30 days before the end of the Initial Period (or any subsequent periods).

6.2 If you wish to cancel the Contract for the Service or any part of it, you have up until the day of your installation to do so. You must tell us in writing and return, in an "as new" condition and in the original packaging, the Equipment and any additional items supplied by us to you, at your cost. If you do not return the Equipment and any associated items you have purchased in an "as new" condition before the date of installation, we will not refund any payment that you have made in respect thereof. After the Start Date the cancellation provisions of the Consumer Protection (Distance Selling) Regulations 2000 (the "Distance Selling Regulations") will not apply to the Service.

6.3 You may terminate the Services at any time by giving 30 days' prior written notice. If you terminate the Services during the 12-month period starting on the Start Date (or any subsequent renewed 12-month periods as the case may be), you are liable to pay all Charges relating to such 12-month period.

6.4 We may terminate this Contract at any time on giving 30 days' written notice. We may also (at our discretion) terminate or suspend this Contract without notice if: (a) we are directed by a competent authority to cease the provision of the Service; or (b) we are unable to provide the Service generally for any other reason; or (c) you have failed to comply with any provision of the Contract or other reasonable direction or notice provided by us at any time; or (d) you are the subject of any bankruptcy or insolvency proceedings.

6.5 Either of us may terminate the Contract immediately, on notice, if the other commits a material breach of the Contract and fails to remedy the breach within 14 days of a written notice to do so.

6.6 We reserve the right to remove any product or service if that product or service remains unused for a period of 90 consecutive days.

7. Personal Data

For the purposes of this clause "TalkTalk Group" means TalkTalk Telecom Group plc and any company or other entity in which TalkTalk Group Plc owns (directly or indirectly) more that 15% of the issued capital

7.1 Information you provide or we hold about you (whether or not under our Contract (or contracts) with you) may be used by us or our agents to: (a) identify you when you contact us; (b) help identify accounts, services and products which you could have from us from time to time (we may do this using an automatic scoring system, which uses the information you have provided, any information we hold about you and information from other agencies, including credit-reference agencies); (c) help run, and contact you about the improved running of, any accounts, services and products we have provided before, or provide now or in the future; (d) carry out marketing analysis and customer profiling (including with transactional information) and create statistical and testing information; (e) help to prevent and detect fraud or loss; and (f) contact you in any way (including mail, e-mail, phone, visit, text or multimedia messages) about products and services offered by us and selected partners. It is our policy to maintain contact with our customers on a regular basis. We may call you or write to you from time to time to inform you of any new services and to review your current telecommunications requirements.

7.2 We may allow other people and organisations to use information we hold about you: (a) to provide services you have asked for; (b) as part of the process of selling one or more of our businesses; (c) if we have been asked to provide information for legal or regulatory purposes; or (d) as part of current or future legal proceedings. From time to time, these other people and organisations may be outside the European Economic Area in countries that do not have the same standards of protection for personal data as the UK.

7.3 We may also allow your information to be used by other TalkTalk Group companies (including those using the Telco Global brand) for them to carry out any of the above purposes.

7.4 We may monitor and record communications with you (including phone conversations and e-mails) for quality assurance and to make sure that we are meeting our legal and regulatory requirements.

7.5 We will hold information on your use of this Service, including access times, duration and your location. We will use this information to manage the Service and provide you with any other services you may ask for. We may use this information to provide you with information about other products and services that we believe will be of value or interest to you. We will keep information for as long as is necessary to provide services you have asked for and until charges for the service cannot be lawfully challenged.

7.6 We may check your details with one or more licensed credit-reference and fraud-prevention agencies. We and they may keep a record of this search and the payment details from your account, and share it with other organisations. If a person provides false or inaccurate information and we suspect fraud, this is also recorded. This information may be used by us, and other organisations may search these records to: (a) help make decisions about credit and credit-related services for you and members of your household; (b) help make decisions on motor, household, credit, life and other insurance proposals and insurance claims for you and members of your household; (c) trace debtors, recover debt, prevent fraud, and manage your accounts or insurance policies; (d) check your identity to prevent money laundering, unless you give us other satisfactory proof of your identity; and (e) carry out statistical analysis about credit, insurance and fraud. We, and other credit and insurance organisations, may also use technology to detect and prevent fraud.

7.7 If you need details of those credit agencies and fraud-prevention agencies from which we get, and with which we record, information about you, please write to us at the address contained in the User Guide.

7.8 If you give us information on behalf of someone else, you confirm that you have given them the information set out in this document, and that they have not objected to their personal information being used in the way described in it. If you give us sensitive information about yourself or others (such as health details or details of any criminal convictions of members of your household), you agree (and confirm that the relevant subject of the information has agreed) to us processing this information in the way set out in this document.

7.9 If you are making a joint application or you have told us about some other 'financial association' with someone else, a 'financial association' between you and that other person (or people) will be made at credit-reference agencies. This will link your financial records with that other person (or people) so that both (or all) your records will be taken into account in all future applications by either or both (or all) of you. This will continue until one of you successfully files a notice with the credit-reference agencies asking that you are no longer financially associated with that person.

8. Intellectual Property Rights and Indemnity

8.1 You warrant that you are the owner of, or that you are authorised by the owner of, any trade mark or name that you wish to use as your registered domain names and/ or as part of your uniform resource locator (" URL") and/ or as your mailbox name.

8.2 Any patents, design rights, know-how, copyrights, trade marks, the right to use software and all other intellectual property or other proprietary rights (whether registered or unregistered) worldwide ("Intellectual Property Rights") relating to the Service or the User Guide or arising during the development of the Service (including, without limitation, any software provided to you) belong to us or to a relevant third party and no rights in such Intellectual Property Rights will be transferred to you.

8.3 You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to: (a) use of any domain name and/ or URL and/ or mailbox name that infringes the rights of any third party; and (b) infringement of any third party's Intellectual Property Rights in connection with the use of the Services or the Equipment; and (c) your misuse of the Services, whether in breach of this Contract or otherwise; and (d) your breach or non-observance of any term of these terms of use; and (e) any breach or inaccuracy in any of your representations or warranties.

8.4 You agree that you will not, either directly or indirectly, infringe our Intellectual Property Rights or other rights (or any of our licensors' rights) in using the Services or User Guide or otherwise in the course of performing your obligations under this Contract.

9. Equipment

9.1 Risk of loss or damage to the Equipment and any part thereof shall be your responsibility as soon as the Equipment is delivered to your Premises.

9.2 Legal ownership of the Equipment shall only pass to you upon receipt by us of full payment (if required) for the Equipment from you.

9.3 Any Equipment provided by us, is provided with a copy of the manufacturers guarantee. If any Equipment is faulty you must, at your cost, return it to us within 14 days in an "as new" condition.

9.4 We reserve the right to charge you for any Equipment at the recommended retail price.

10. Warranty and Limitation of Liability

10.1 We warrant that we will use our reasonable endeavours to provide the Service in all material respects in accordance with our obligations under this Contract.

10.2 Except as stated in clause 10.1, we make no warranty or representation with respect to the Services and the Equipment and, to the greatest extent permitted by law, either express or implied, we exclude all warranties relating to merchantability, satisfactory quality, suitability or fitness for a particular purpose.

10.3 Onetel's maximum liability to you, however arising under this Contract, shall be limited to the amount paid by you to Onetel during the year preceding the breach, in relation to any event or series of related events.

10.4 Nothing in this Contract shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their agents or employees, or fraudulent misrepresentation.

10.5 Onetel shall not be liable under any circumstances to you, or any third party, in contract, tort (which includes negligence and breach of any statutory duty), delict or otherwise for any loss of revenue, business use, goodwill, anticipated savings, profits, opportunity, reputation, wasted expenditure or data being lost or corrupted or any other financial loss whatsoever or any loss or damage arising from the consequences of viruses received by you via the Service, whether direct, indirect or consequential, or for any other indirect or consequential loss of whatever nature, howsoever arising in relation to the use of the Service or Equipment or any failure or error or default by Onetel in the provision thereof, or otherwise in connection with this Contract. Save as otherwise set out herein, Onetel will not be liable due to loss of confidentiality caused by the use of the Service.

10.6 Onetel shall not be liable under the Contract for any acts, omissions and/or failures by you.

11. General

11.1 Force Majeure: Neither party will be liable to the other (except you in relation to payment due to us by you) for any breach by it of the Contract (including failure to delivery the Service), where such failure or breach is due to a reason outside the reasonable control of such party, including, without limitation, any delays or failure, whether in delivering the Services timely or otherwise, caused by a third party (including any of Onetel's suppliers or manufacturers).

11.2 Variation of terms: Subject to clause 5.7, we may vary these Conditions at any time by posting the changes on our website and, where reasonably practicable, giving you prior notice. We will only do this if we have a valid reason, for example to reflect changing arrangements with any third party operator or changing legal, regulatory or business requirements. If any variation of these Conditions is likely to cause material detriment to you: (i) we will also notify you of the variation in writing or by your chosen method of contact; and (ii) you shall have the right to terminate this Contract with immediate effect by giving us written notice. You agree that, if you continue to use the Services after any variation(s) to these Conditions have been posted on our website or, in the case of a variation which is likely to cause material detriment, notified to you, you will be bound by these Conditions as varied.

11.3 Third party rights: A party who is not a party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract, except that the Contract shall inure for the benefit of TalkTalk Group and each of its subsidiary companies from time to time.

11.4 Notices and invoices: Any notice under the Contract, whether required to be written or otherwise, may be given by us to you by post, personal service, e-mail or SMS messaging to any address, e-mail address or phone number you have given us to correspond with you (whether during the application process or otherwise), or by posting it on our website. You must give notices to us by post, personal service or e-mail to the relevant address set out in the User Guide.

11.5 Transfer of rights: You may not assign, novate, sub-contract or transfer any of your rights or obligations under this Agreement without our prior written consent. We may assign, novate or transfer our rights, liabilities and/ or obligations to any third party from time to time without your consent.

11.6 Waiver: If either party delays in acting upon a breach of this Contract that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Contract that waiver is limited to that particular breach.

11.7 Enforceability: If any part of this Contract (including any provision in which we exclude or limit our liability to you) is deemed unenforceable by any Court or other competent body or authority, the enforceability of any other part of this Contract will not be affected.

11.8 Entire Agreement: This Contract represents the entire agreement between you and us in relation to the Service and shall supersede all previous Contracts.

11.9 Governing Law: The Contract will be governed by and construed and interpreted in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.

These Conditions are effective as at 18th June 2007

Fair Use Policy

Onetel's policy towards Fair Usage is that customers should be able to use the service in an appropriate manner to meet their needs. A very small number of customers use an excessive amount of the network bandwidth at peak times, to the extent it can impair the performance for others. For this reason we have a fair usage policy designed to ensure your service stays fast and reliable 24 hours a day it involves monitoring the amount customers download and managing non-time critical traffic on our network, such as Peer-to-Peer sharing. For more information please see TalkTalk's Broadband Traffic Management.

If a customers usage is continually excessive, unfair, affects other users enjoyment of our broadband service, or is not consistent with the usage we would typically expect on that customers current package, we reserve the right to upgrade customers to a package more suited for their usage. In extreme cases we may suspend or terminate the customers ability to access Onetels broadband service.