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Terms and Conditions

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Contents

Heart Telecom general terms and conditions

Section A 
Special Conditions for Heart Telecom Calls and Line Rental Services

Section E 
Special Conditions for all Internet Access Services

Section H 
Special Conditions for Heart Telecom Broadband Services

Section G
Special Conditions for Heart Telecom Mobile Services

Section I
Special Conditions for Heart Telecom Non-Geographic Number Services 
 
HEART TELECOM GENERAL TERMS AND CONDITIONS 
1. Terms used in this Agreement 
In this Agreement the following terms have the meanings set out opposite them:

"Accept" or "Acceptance" means (i) clicking on the "I accept" or "I confirm" or similar button during the registration process, where you join online; (ii) orally confirming your acceptance of this Agreement where you join by telephone; and (iii) your signature of the Customer Application Form and provision of such executed Customer Application Form to us, where you join by means of a printed copy of the Customer Application Form;

"Administrative Charge" means any charge we levy for administrative costs such as paper billing, cash processing, cheque processing, dishonoured cheque fees, returned cheque fees, debt recovery or collection fees, debt investigation fees, any fees payable by us as a consequence of our inability to obtain payment from you and any internal costs we incur as determined by us from time to time or as specified in our Price List or otherwise notified to you;

"Agreement" or "Customer Agreement" means these General Terms, any relevant 
Special Conditions and any Customer Application Form you sign;

"Charges" means connection charges, rates, usage charges, fixed charges, rental charges, set up charges, installation charges, activation charges, disconnection charges, reconnection charges, cancellation charges, Administrative Charges, Periodic Charges and other charges to be paid by you for the Services calculated according to the prices and rates set out in our Price List or otherwise notified to you;

"Competent Authority" means the Office of Communications ("OFCOM") or any other competent Government department or any regulatory body;

"Customer" means the person with whom Heart Telecom contracts to provide the service

"Customer Application Form" means the customer application form completed by you when placing your order for the Services;

"General Terms" means these General Terms and Conditions;

"Network" means the electronic communications systems run or procured 
by us for the purpose of providing the Services;

"Periodic Charges" means any Charges (excluding Administrative Charges) that are billed on a recurring basis and which do not vary on usage of the Services;

"Price List" means the price list for the Services and incidental fees published on our Website from time to time or otherwise made available to you;

"Service", "Services", "Heart Telecom Service" or "Heart Telecom Services" means the Heart Telecom services provided by us to you under this Agreement;

"Special Conditions" means the special conditions set out below applicable to the Services we provide to you;

"Heart Telecom" or "we" or "us" means Heart Telecom Limited trading as "Heart Telecom";

"Website" means the Heart Telecom website currently located at www.heart-telecom.com;

"working day" means a day other than a Saturday, Sunday or a public holiday in the United Kingdom.

"you" means you the Customer being an individual, firm, registered charity or public body

2. Our obligations to you

2.1 We will provide the Services to you in accordance with this Agreement and 
subject to availability, provided that nothing in this Agreement shall require us to accept your request for Services if we determine that you are not eligible.

2.2 We shall provide the Services in the manner of a reasonably skilled electronic telecommunications provider and in a professional manner.

2.3 We cannot promise that the Services will be error free or without interruption. Our Services may be dependent on the provision to us of services by third party telecommunications providers. We are not responsible to you for any faults or 
interruptions caused by them.

2.4 All information relating to you collected by us in the course of providing the Services shall remain confidential subject only to the permitted uses of that information under the Agreement or as may be required by any Competent Authority or any other laws or regulations relating to the Services.

3. Before you can enter into a contract with us

3.1 To enter into this Agreement to receive a Service upon the Commencement Date for the Service:

3.1.1 you must be a business or an organisation or you must be at least 18 years old; and

3.1.2 except where the installation of a new telephone line is required to receive the Service, you must be the person who rents the existing telephone line or you must be authorised by the person who rents the telephone line.

4. Your use of the Services

4.1 You will not use or allow use of the Services for any improper, immoral, offensive, fraudulent, illegal or unlawful purpose or to make nuisance communications.

4.2 We may provide you with a password, security code or secret word to access 
 
your account or the Services. You must at all times keep such password, security code or secret word confidential and secure. You must telephone us immediately if your password, security code or secret word is disclosed to any unauthorised person. You agree that you shall be held liable for any Charges associated with the Services for a period of one hour after you report the disclosure to us. If you report the disclosure outside of our normal business hours or leave a message on our customer services department answering machine, the one hour period will commence at the beginning of our next working day. We may disclose any information in connection with your account to anyone who correctly quotes your password, security code or secret word.

4.3 You acknowledge and warrant that:

4.3.1 the Services are for your use and you will not re-supply or resell or otherwise make the Services available to any person on a commercial basis or any other basis; and

4.3.2 Any failure to comply with this clause 4.3 of these General Terms is a material breach of this Agreement.

4.4 You are responsible for ensuring that only those persons you authorise use the Services and you agree to pay all Charges relating to use of the Services.

4.5 If you do not comply, or any other person whom you allow to use the Service does not comply, with any provision of clause 4 of these General Terms, you shall indemnify and hold us harmless against all liabilities, claims, losses, damages or expenses arising directly or indirectly or in any way associated or suffered as a result of such non-compliance.

5. Commencement of this Agreement and cancellation rights prior to the 
provision of Services

5.1 This Agreement commences on the date of Acceptance of the first Service you purchase from us and will continue for each applicable Service selected by you for the term specified in the Special Conditions applicable to such Service.

5.2 We may terminate this Agreement prior to the first provision of Services to you with no liability if you fail a credit check or if for any other reason we are unable to provide the Services.

5.3 You may cancel this Agreement (whether in whole or part) within any cooling off period specified in the relevant Special Conditions and by using the cancellation process specified in the relevant Special Conditions.

6. Payments and Charges

6.1 How frequently we bill you for Services and your payment responsibilities are set out in the Special Conditions applicable to the Services you use.

6.2 If paying by credit card or debit card, we only accept payment by such cards as indicated in the Customer Application Form or as otherwise notified to you by our customer services department. We also accept payment by direct debit for Periodic Charges. Any upfront set-up fees must be paid by credit card or debit card. If you wish to pay recurring charges by credit card or debit card, you must give us your authority to collect amounts automatically each month. You agree that your Acceptance of the Services constitutes your authorisation to us to collect charges on the due date of your bill from your credit card or debit card specified in the Customer Application Form or otherwise provided to us. You must inform us of any changes to your credit card or debit card details. As set out in the Special Conditions, certain services are only provided on the condition that payment is made monthly by Direct Debit. Where such services are provided and a Direct Debit Instruction is cancelled by you or a request for payment by Direct Debit is declined by your bank then we reserve the right to immediately suspend the use of the relevant services.

6.3 If, for some reason, your credit card payment or debit card payment fails, you must pay your bill by any other method we accept by the due date specified in your bill.

6.4 We may charge interest on any overdue amount payable from the due date until the date we receive payment (whether before or after judgment) at the rate of 4 percent per annum above the base rate of Barclays Bank Plc from time to time. We may also charge you an Administrative Charge for recovering late payments from you.

6.5 If a direct debit, cheque, credit card or debit card payment is dishonoured or cancelled we will charge you an Administrative Charge for any third party charges and internal costs we incur as a result.

6.6 If you are at any time in breach of your obligations to make payment to us and remain in breach after 72 hours' written notification by us, we may suspend the provision of the Service to which any outstanding payments relate and the performance of any associated obligations with immediate effect and without prejudice to our rights under this Agreement, including our right to payment. Notwithstanding any other provisions of this Agreement, we shall have no liability to you for any loss or damages you suffer as a consequence of such suspension.

6.7 Unless you make payments to us by direct debit or by recurring credit card payment or recurring debit card payment we shall charge an Administrative Charge.

6.8 If you elect to receive a paper copy of your Heart Telecom bill (which may in our discretion be sent as an email bill) instead of or in addition to our standard online billing, we shall charge you an Administrative Charge.

6.9 Where Periodic Charges are incurred for a period less than the relevant charging period, they will be pro rated. This does not apply to any Administrative Charge or similar charges.

6.10 In the event of a significant, material and lengthy Network failure, we will consider waiving Periodic Charges on a pro-rata basis upon request.

6.11 Up-to-date information regarding Charges for all our services will be available on our Website or from our customer services department.

7. Deposits and account limits

7.1 We may, at our sole discretion and at any time, impose a credit limit on your account and/or require you to pay a security deposit or make an interim payment. You must pay all security deposits and interim payments when we ask for them.

7.2 Any credit limit imposed by us can be reviewed and amended at any time if:

7.2.1 in our reasonable opinion we believe that your financial circumstances have 
substantially changed and/or there has been a significant material increase in 
the Charges you are incurring since you entered into this Agreement;

7.2.2 you are persistently late in your payments; or

7.2.3 we have used all or part of the security deposit to make payment or settle any outstanding or unpaid Charges as invoiced.

7.3 Prior to repayment or interim payment of any security deposit we are holding, we will deduct any outstanding Charges. We will not pay you interest on security deposits and interim payments.

8. Suspension of Service

8.1 Without limiting the provisions of clause 6.6 of these General Terms, we may by giving you oral notice (confirmed in writing) or written notice suspend immediately the provision of the Services (or a part of them) to you until further notice without compensation:

8.1.1 for repairs, maintenance or improvement;

8.1.2 if you do not comply with clause 4 of these General Terms;

8.1.3 if you have exceeded the credit limit which we had imposed upon you pursuant to clause 7.1 of these General Terms;

8.1.4 if you refuse to give a security deposit as required under clause 7.1 of these 
General Terms;

8.1.5 if you damage or anyone who uses the Services we are providing to you damages the Network or puts the Network at risk or abuses or threatens our staff;

8.1.6 if you are in breach of any other obligation imposed on you under this Agreement; or

8.1.7 if we are required to comply with an order, instruction or request of any 
Competent Authority.

8.2 Any exercise of our right to suspend the Services shall not exclude our right 
subsequently to terminate this Agreement. We may refuse to restore the Services to you until the provisions in clauses 8.1.2 to 8.1.6 of these General Terms are cured and we receive an acceptable assurance from you that there will be no further breach.

8.3 You are liable for Charges during suspension or disconnection unless we decide otherwise.

8.4 We may charge to reconnect you to the Service after a suspension under clauses 8.1.2, 8.1.3, 8.1.4, 8.1.5 or 8.1.6 of these Special Conditions and we may change your payment terms as a condition of reconnection.

9. Provision of information

9.1 You are required promptly to give us all the information we may reasonably need so that we can perform our obligations under this Agreement. We will keep a record of personal and/or organisation information you provide to us in connection with the Services. You must also inform us immediately of any change to the details you have provided to us. You hereby agree and confirm that the information that you provide to us under this Agreement shall be true, accurate and complete in all respects.

9.2 We may contact you before, during and after the term of this Agreement to 
administer, evaluate, develop and maintain the Services. Please note that we may monitor and/or record your telephone calls and emails for quality assurance, legal, regulatory and training purposes.

9.3 We will comply with our obligations under the Data Protection Act 1998 and any other applicable data protection and data retention legislation. You are also required to comply with all data protection and data retention legislation. In addition, you must maintain all required registrations, including those reasonably requested by us to enable us to process your personal data in connection with our performance of our obligations under this Agreement.

9.4 All information relating to you collected by us in the course of providing the Services shall remain confidential subject only to the permitted uses of that information under this Agreement or as may be permitted or required by any Competent Authority or any other relevant laws or regulations. Without limiting the foregoing, you acknowledge that we may, where appropriate, disclose your information to the emergency services.

9.5 In connection with this Agreement we, and any other companies or agencies authorised by us, may carry out credit checks and fraud prevention checks with one or more licensed credit reference and fraud prevention agencies and we may retain a record of the search. Information held about you by such agencies may be linked to records relating to other persons living at the same address and such records will be taken into account in credit checks and fraud prevention checks. Information from your application and payment details of your account will be recorded with one or more of these agencies and may be shared with other organisations to help make credit and insurance decisions about you and members of your household and for debt collection and fraud prevention.

9.6 We may also share the information which you provide with our affiliates or third parties for administration, data storage or processing purposes.

9.7 By registering for the Services you also consent to our using and/or disclosing your personal and/or organisation information for the following purposes:

9.7.1 providing or arranging for third parties to provide customer care/help desk facilities and billing you for the Services (which may involve disclosing your information to third parties solely for those purposes); and

9.7.2 to selected third parties for the purposes of providing and operating the Services and installing equipment.

9.8 You acknowledge that the companies receiving your information pursuant to 
clauses 9.5, 9.6 and 9.7 may be located outside the EEA in countries which do not have the same standards of protection for personal data as the UK. By entering into this Agreement you agree to such transfer and use of your personal and/or organisation data.

10. Termination of Services

10.1 Subject to the applicable Special Conditions and clause 5.1 of these General Terms, we may end this Agreement (or any Services provided under this Agreement) by giving you:

10.1.1 at least 30 calendar days' notice; or

10.1.2 immediately if:

10.1.2.1 you do not make payments to us when they are due and have not rectified that within 72 hours of written notification from us;

10.1.2.2 you do not perform or observe any material obligation under this Agreement, whether such obligation is specified in this Agreement as material or not (a "material breach");

10.1.2.3 you do not perform or observe any other obligations under this Agreement (a 
"breach") and where such breach can be remedied, you fail to remedy the breach within any reasonable time specified by us in a written notice requiring you to do so;

10.1.2.4 a voluntary arrangement is proposed, or a bankruptcy petition is presented or 
a bankruptcy order is made against you or a receiver or trustee is appointed on your estate or, being a Company, you become subject to an administration order (within the meaning of the Insolvency Act 1986) or, being a Company, you go into liquidation (except for the purposes of amalgamation or re-construction and in such a manner that the Company resulting there from effectively agrees to be bound by or assume the obligations imposed on that other party under this Agreement);

10.1.2.5 we have reason to believe that you have provided us with false, inaccurate or 
misleading information either for the purpose of obtaining the Services from us or during the provision;

10.1.2.6 you or any other person at your premises use the Services or are suspected, in our reasonable opinion, of using the Services for illegal activities, fraud or attempted fraud or to make nuisance communications;

10.1.2.7 we are required to comply with an order, instruction or request of any competent Authority;

10.1.2.8 the contract between us and BT (or any other relevant telecommunications 
provider) which enables us to provide the Services is cancelled or terminated; or

10.1.2.9 any other authority we have to provide the Services ends.

10.2 Your rights to terminate any of the Services are set out in clause 13 of the 
General Terms and the applicable Special Conditions.

10.3 This Agreement shall be deemed automatically terminated in the event that you have terminated all Services and have not ordered additional Services from us pursuant to this Agreement.

11. Limitation of liability

11.1 Our liability:

11.1.1 for death or personal injury caused by our negligence or the negligence of our employees or agents;

11.1.2 under Part 1 of the Consumer Protection Act 1987;

11.1.3 for breach of any condition as to title or quiet enjoyment implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

11.1.4 for fraudulent misrepresentation; and

11.1.5 for misuse of confidential information, is not excluded or limited by this Agreement, even if any other terms of this Agreement would otherwise suggest that this might be the case.

11.2 Except as set out in clause 11.3 of these General Terms, our total liability to you for something we or anyone who works for us does or does not do will be limited to £1,000 in any 12 month period.

11.3 We are not liable to you in any way for any:

11.3.1 loss of income;

11.3.2 loss of business;

11.3.3 loss of profits; or

11.3.4 any other indirect, special or consequential loss.

11.4 If you are entering into this Agreement as a consumer, the loss referred to above shall only be excluded where such loss was not reasonably foreseeable by the parties at the time this Agreement was entered into.

11.5 We will not be liable under this Agreement for breach of any of its terms to the extent that the breach concerned arises from:

11.5.1 use of any Services other than in accordance with normal operating procedures as notified to you;

11.5.2 any alterations to any Services made by anyone other than us;

11.5.3 any abnormal or incorrect operating conditions; or

11.5.4 any other hardware or software being used with or in relation to any Services, unless this has been approved by us or the relevant statutory process of the connection of apparatus to public communications networking.

12. Assignment

This Agreement is personal to you or your firm and therefore it cannot be assigned or transferred by you or your firm to any other person without our prior written consent. We have the right to assign both the benefit and burden of this Agreement as part of a business reorganisation together with any associated rights of access and installation at any time to any company or person and you or your firm hereby consent to such assignment.

13. Changes to the Agreement and Charges

13.1 We reserve the right to change the terms and conditions of this Agreement 
(including changes to Charges) and/or the Services at any time. We will notify you of any changes we make to the terms and conditions of this Agreement either by writing to you or posting the terms and conditions on our Website before the changes come into effect. If a change is likely to be of material detriment to you, we will give you at least one month's notice of the change. In the event of a change which is of material detriment to you, you may terminate this Agreement (or the part of the Agreement that applies to the Services affected by the change) before the change becomes effective by giving us written notice or by contacting our customer services department and by specifying your reason for termination. In this instance, you will not be liable to pay any cancellation charges. In other circumstances, we will give you as much notice as possible of the change.
 
13.2 You shall not be entitled to terminate this Agreement (or the part of the Agreement that applies to the Services affected by the change) for any increase in a Charge where such an increase relates to the increased cost of supplying the relevant service.

13.3 For the avoidance of doubt, you agree that:

13.3.1 an increase in a Charge in a 12 month period (when calculated as a percentage) that is less than the increase in the Retail Price Index (when calculated as a percentage) for the same 12 month period; or

13.3.2 any changes we make as a direct result of new legislation, statutory instrument, government regulation or licence, will not be considered to be a change which is of material detriment to you.

14. Service bundles

We reserve the right to offer bundles of two or more Services at special discounted rates dependent upon the purchase of all of the relevant bundled Services for a stated minimum term. If you wish to cancel or terminate one or more of the Services purchased as part of such a bundle prior to the end of the stipulated minimum term you will lose the benefit of any such discounted rate for the Services that you continue to purchase and we will charge you for those remaining Services at our usual rates and prices in force from time to time.

15. Paying by direct debit

All the normal direct debit safeguards and guarantees apply. No changes in the date, frequency or amount to be debited can be made without notifying you at least 7 working days in advance of your account being debited. In the event of any error, you are entitled to an immediate refund from your bank or building society. You have the right to cancel a direct debit instruction at any time simply by writing to your bank or building society, with a copy to us.

16. Unforeseeable events

Neither party is liable for any breach of this Agreement (except as regard to your non-payment of Charges) which is caused by something beyond their reasonable control including Acts of God, fire, lightning, extremely severe weather, flood, a national or local emergency, acts of terrorism, explosion, war, military operations, civil disorder, damage to the Network, vandalism, sabotage, industrial disputes or acts of any Competent Authority. If such failure to deliver continues for more than 3 months after the commencement of such failure, then either party may terminate this Agreement on notice in writing to the other party.

17. Severability

If any provision (or part of a provision) is held invalid, illegal or unenforceable for any reason, it shall be severed and the rest of the provisions in this Agreement shall continue as if the Agreement had commenced without that provision (or such part of that provision).

18. Waiver

The failure by either you or us to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of such right or to bar the exercise or enforcement of it or any other right.

19. Notices

19.1 Except where this Agreement specifies that a notice may be given orally (for 
example, by telephone) or by fax, notices given under this Agreement must be delivered by hand or by prepaid post or electronic mail either:

19.1.1 to us: at the address on this Agreement or on the last bill we issued to you or to an alternative address notified to you; or

19.1.2 to you: at the address in the latest Customer Application Form or to an 
alternative address notified to us.

20. Rights of third parties

This Agreement does not create any rights under the Contracts (Rights of Third Parties) Act 1999 that are enforceable by any person who is not a party to it but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

21. Law 
This Agreement is subject to the laws of England and Wales.

SECTION A: 
SPECIAL CONDITIONS FOR THE HEART TELECOM CALLS AND LINE RENTAL SERVICE

A1. Terms used in these Special Conditions 
In these Special Conditions the following terms have the meanings set out opposite them:

"Customer Premises Equipment" or "CPE" means the network termination point or similar equipment;

"Location" means the location at which the Heart Telecom Line Rental Service is to be provided, as specified in the current address section of your Customer Application Form or as specified to our customer service representative;

"Optional Features" means any of the additional optional facilities to the Heart Telecom Line Rental Service component of the Heart Telecom Calls and Line Rental Service (such as an answer phone service) that we provide to you under these Special Conditions;

"Heart Telecom Calls Service" means the Heart Telecom telephone call service as more particularly described in the Heart Telecom Calls and Line Rental User Guide and our Website;

"Heart Telecom Line Rental Service" means the Heart Telecom line rental service as more particularly described in the Heart Telecom Calls and Line Rental User Guide and our Website and includes any Optional Features that we provide to you;

"Heart Telecom Calls and Line Rental Service" means the Heart Telecom Line Rental Service and Heart Telecom Calls Service together; and

"Heart Telecom Calls and Line Rental User Guide" means our user guide or guides which we may publish from time to time which provide instructions and information about the Heart Telecom Calls and Line Rental Service.

A2. Commencement and duration

This Agreement commences in respect of the Heart Telecom Calls and Line Rental Service on the date of Acceptance (the "Commencement Date") and will continue unless terminated by either party in accordance with the applicable clauses of the General Terms or these Special Conditions.

A3. Your right to cancel

A3.1 If you are purchasing the Heart Telecom Calls and Line Rental Service as a consumer, you may cancel your order for the Heart Telecom Calls and Line Rental Service under this Agreement within 13 working days from the date of Acceptance in accordance with clause A3.2 below ("Cooling Off Period").

A3.2 You may cancel your order during the Cooling Off Period by informing our customer services department by phone, fax, email or post (please see the Heart Telecom Calls and Line Rental User Guide for details or visit our Website).

A3.3 If you have used the Heart Telecom Calls and Line Rental Service during the Cooling Off Period you may still cancel the Heart Telecom Calls and Line Rental Service but you must pay for any Charges you have incurred up to the effective date of cancellation.

A4. Getting started

A4.1 Before we can be certain that we can provide you with the Heart Telecom Calls and Line Rental Service (and provided that you pass the credit check referred to in clause 5.2 of the General Terms), we may need to perform the following steps. If we cannot provide you with the Heart Telecom Calls and Line Rental Service because one of the following steps cannot be successfully completed we will notify you as soon as possible and this Agreement in so far as it applies to the Heart Telecom Calls and Line Rental Service shall terminate with immediate effect. We may need to successfully:

A4.1.1 complete a survey of your Location and perform a line test;

A4.1.2 install CPE needed for you to use the Heart Telecom Calls and Line Rental Service. However, we will not provide or install any other equipment unless expressly agreed in writing; and

A4.1.3 activate the Heart Telecom Calls and Line Rental Service.

A4.2 You will need to provide us with access to the Location and a suitable and safe working environment at the Location so that we can perform the steps set out in clause 
A4.1 of these Special Conditions. We may arrange for an engineer to visit the Location to perform these steps and we will agree with you a mutually convenient time for the engineer to visit the Location. We will use reasonable endeavours to ensure that the engineer arrives at the agreed time but we cannot guarantee this. If you do not give the engineer access to the Location within that agreed time you will be charged as set out in the Price List.

A4.3 Your Heart Telecom Calls and Line Rental Service may be activated in different stages. Once the steps in clause A4.1 of these Special Conditions have been successfully completed, we will inform you of the dates on which it is proposed that your Heart Telecom Calls and Line Rental Service will be activated (the "Service Ready Dates"). Although we will use our reasonable efforts to install your Heart Telecom Calls and Line Rental Service by the Service Ready Dates we notify to you, all dates are estimates and we cannot guarantee that we will meet them and we will have no liability for any failure to meet such dates.

A4.4 As part of the Heart Telecom Calls and Line Rental Service we may need to deal with other telecommunications providers on your behalf. To enable us to provide or to continue to provide you with the Heart Telecom Calls and Line Rental Service, you hereby authorise us to act on your behalf with your current telecommunications provider and any other relevant telecommunications provider to terminate your existing contract and to obtain any relevant information from your current telecommunications provider and any other relevant telecommunications provider which is necessary for us to provide or continue to provide you with the Heart Telecom Calls and Line Rental Service.

A4.5 If we need, or a third party authorised by us needs, to supply you with any CPE so that you can access the Heart Telecom Line Rental Service you agree at your cost that:

A4.5.1 if any CPE needs to be installed at your Location, we may give you some advice on preparing your Location. As a minimum you will need to provide reasonable assistance and supply a suitable location for any CPE we install for you. You will also need to provide us with a connection point to electricity. You will pay us the rates specified in our Price List for activation or installation of the Heart Telecom Line Rental Service on your behalf. We will not be responsible for any losses or damages you may suffer as a consequence of your preparation of your Location;

A4.5.2 you will obtain before installation of the CPE all necessary permissions and consents (for example, any consents necessary to make alterations to buildings, permission to cross other people's land or permission to put CPE on their property);

A4.5.3 any CPE installed at your Location will remain our property or that of the third party authorised by us (as the case may be); and

A4.5.4 you will not alter, modify, add to or otherwise interfere with in any way any CPE and you agree to indemnify us or any third party authorised by us for any losses or damages which we or such third party may suffer as a result of any loss or damage to the CPE unless such damage is caused by fair wear and tear.

A4.6 You agree that our obligation to provide the Heart Telecom Line Rental Service depends on your compliance in full with clause A4.5 of these Special Conditions and that we shall be under no liability whatsoever if we cannot provide the Heart Telecom Line Rental Service because you do not comply with that clause. We will notify you when you have been connected to the Heart Telecom Line Rental Service. If you already receive line rental services and/or call services from another telecommunications provider, it is the responsibility of your existing provider to continue to provide your line rental services and call services to you until the transfer to the Heart Telecom Line Rental Service has been completed.

A4.7 If you lease any equipment from your existing telecommunications provider, for example, telephone handsets, you will continue to lease that equipment from your existing telecommunications provider under the terms and conditions of your contract with them. We are not responsible for the operation of, or any faults with, this equipment. This will remain the responsibility of your existing telecommunications provider.

A5. The Heart Telecom Calls and Line Rental Service

A5.1 We will provide the Heart Telecom Calls and Line Rental Service to you in accordance with this Agreement and as described in the Heart Telecom Calls and Line Rental User Guide and any other instructions or information we may provide to you from time to time.

A5.2 Services provided by other telecommunications providers will be automatically removed from your telephone line when we connect you to the Heart Telecom Calls and Line Rental Service. You should also be aware that certain services you receive from other telecommunications providers may not be available if we connect you to the Heart Telecom Calls and Line Rental Service. However, some of these services may be available to you as Optional Features. For further details on this please see clause A7 of these Special Conditions or contact our customer services department (please see the Heart Telecom Calls and Line Rental User Guide for details or visit our Website).

A5.3 If you want to connect equipment to the Network other than using a main phone socket you must obtain permission from us first. You must not connect any equipment to the Network which may harm the Network or the equipment of other users of the Network. If you do, you must disconnect such equipment immediately or we will disconnect it for you at your cost and expense.

A5.4 If you have monitored safety, security and other systems (such as alarm systems) installed in your home you will need to check with your system provider that the system is compatible with the Heart Telecom Calls and Line Rental Service. You should be aware that if there is an interruption to the provision of the Heart Telecom Calls and Line Rental Service this will affect the operation of your system. We accept no liability whatsoever for your use of, or any failure of or interruption to, your system which may arise out of or in connection with the Heart Telecom Calls and Line Rental Service, except for liability for death or personal injury caused by our negligence or the negligence of our employees or agents.

A5.5 We bar indirect access to other networks although nothing shall prevent us, in our discretion, from allowing indirect access provided that we shall not be required to allow such indirect access, nor shall we be held liable for any discontinuation of any indirect access.

A6. The Heart Telecom Voice Call Service

Not all calls are routed through our Network. We take no responsibility for failure of any calls not routed by us or for any non-Heart Telecom ancillary services provided by other telecommunications providers. For such calls and services, you will be charged by the relevant telecommunications provider. If you have any questions regarding whether certain calls or services will be billed by us or by another telecommunications provider, please contact our customer services department.

A7. Optional Features

A7.1 Upon choosing the Heart Telecom Calls and Line Rental Service, you will also be able to select Optional Features. Details of the most popular Optional Features may be discussed with you by one of our sales representatives if you join the Heart Telecom Calls and Line Rental Service by telephone or during a visit by one of our sales representatives. If you join the Heart Telecom Calls and Line Rental Service online, the range of Optional Features can be viewed during the application process on our Website. Customers who join the Heart Telecom Calls and Line Rental Service by telephone or during a visit by one of our sales representatives can also view the full range of Optional Features by visiting our Website. For further information, please refer to the Heart Telecom welcome pack or the Heart Telecom Calls and Line Rental User Guide, contact our customer services department or visit our Website.

A7.2 [You] may, at any time, change the Optional Features by contacting our customer services department. We will try our best to implement the changes within 7 days of your request.

A8. Call plan

You may, at any time, request a change to the call plan you selected when choosing the Heart Telecom Calls and Line Rental Service by contacting our customer services department. Subject to eligibility, the changes requested will take effect no later than 7 days from the date of the request.

A9. Payments

A9.1 We will bill you for:

A9.1.1 the Heart Telecom Line Rental Service, the Optional Features and any other Services you utilise monthly in advance unless stated otherwise in the Price List; and

A9.1.2 the Heart Telecom Calls Service monthly in arrears.

A9.2 Payment for the Heart Telecom Calls and Line Rental Services must be made by monthly Direct Debit. If, for any reason, we are unable to collect the full amount due from by Direct Debit you must immediately make full payment by an alternative method.

A9.3 Unless specified by us, where you pay a Periodic Charge which includes use of a Service up to a particular number of minutes for which no further charge is made, any unused time cannot be carried forward from one month to the next.

A10. Faults affecting the Heart Telecom Calls and Line Rental Service

A10.1 You must immediately let us know by telephoning our customer services department if you are suffering or suspect that there is a fault with the Heart Telecom Calls and Line Rental Service. We will endeavour to correct the fault as soon as practicable. If you contact a third party telecommunications provider, it is unlikely that they will deal with your request. If a third party telecommunications provider does deal with your request, you will be solely responsible for their charges.

A10.2 If there are any faults with the Heart Telecom Calls and Line Rental Service, we will be responsible for those faults if they arise out of any act or omission by us (or a third party authorised by us) or they are due to fair wear and tear. You will be responsible for all charges that we incur in repairing any fault with the Heart Telecom Calls and Line Rental Service which arises out of or in connection with any act or omission by you or any third party for whom we are not responsible. If a fault with the Heart Telecom Calls and Line Rental Service is caused by any equipment owned by you or leased by you from a third party or relates to the telephone line inside your home we will charge you for any work we carry out to fix the fault as set out in the Price List and we may also disconnect that equipment without giving you any prior notice and without incurring any liability to you. You should be aware that we are only responsible for the exterior telephone line outside of your home or, in the case of a block of flats, we are only responsible for the exterior telephone line outside the building.

A10.3 Where we arrange for an engineer to visit the Location to attend a fault we will agree with you a mutually convenient time for the engineer to visit the Location. We will use reasonable endeavours to ensure that the engineer arrives at the agreed time but we cannot guarantee this. If you do not give the engineer access to the Location within that agreed time you will be charged as set out in our Price List. 
A10.4 Our charges for dealing with faults with the Heart Telecom Line Rental Service shall be at the rates published in our Price List from time to time. You may telephone our customer services department for further information.

A11. Telephone number and directory services

A11.1 Any telephone number provided to you for use with the Heart Telecom Line Rental Service is provided for your use only. You agree that you do not own the telephone number and that you will not sell or transfer any number provided to you. You also agree that you will not advertise your telephone number in any phone box. If you do, we may suspend or disconnect the Heart Telecom Calls and Line Rental Service.

A11.2 We may need to change your telephone number or the PINs used for the Optional Features for reasons beyond our control (such as where we are requested to do so by a Competent Authority) or other reasons (such as where we reasonably believe that the alteration will enhance your use of the Heart Telecom Calls and Line Rental Service). We will try to give you as much notice of any change as possible.

A11.3 We do not provide a telephone directory service. If you accept the Heart Telecom Calls and Line Rental Service, we will provide your details to another telecommunications provider for listing in a telephone directory unless you do not wish to be included in a telephone directory. If your details are already included in a telephone directory and you no longer wish to be included in the telephone directory, you should be aware that your details will only be excluded from the telephone directory when the telephone directory is next updated by the telecommunications provider. We accept no liability whatsoever for any failure by that telecommunications provider to comply with your listing request.

A11.4 In the event that the Heart Telecom Calls and Line Rental Service is suspended or terminated for any reason, your telephone number will automatically return to the telecommunications provider which originally allocated you the number. We cannot guarantee that the same telephone number will be available to you if the Heart Telecom Line Rental Service is reconnected in the future.

A12. Termination

A12.1 You may end the Heart Telecom Calls and Line Rental Service or Heart Telecom Voice Calls Service component provided under this Agreement by giving us notice. Please phone us or send your termination notice to our customer services department by fax, email or post as set out in the Heart Telecom Calls and Line Rental User Guide (or at such other address as we may notify you from time to time) or visit our Website.

A12.2 If we receive notice from you in accordance with clause A12.1 of these Special Conditions, we will endeavour to terminate the Heart Telecom Line Rental Service or the relevant part of the Heart Telecom Calls and Line Rental Service within 10 working days from your request. You acknowledge that the exact date of termination depends on the alternate telecommunications provider which you select and that we cannot guarantee that your Heart Telecom Line Rental Service (or the relevant part of the Heart Telecom Calls and Line Rental Service) will be terminated by a certain date. You agree to continue paying for the Heart Telecom Line Rental Service for a period of up to 45 days from the date of your notice. Certain offers and price plans are contracted on the basis of a minimum term. For such plans and offers where you service notice we reserve the right to charge you a cancellation charge equal to the average expected monthly charge amount for the relevant service up to the end of the minimum contract period.

A12.3 If the Agreement is terminated you shall also immediately pay us all outstanding Charges for your use of the Heart Telecom Calls and Line Rental Service, any Optional Features and any other Services for a period of up to 45 days from the date of your notice.

A12.4 If we disconnect the Heart Telecom Calls and Line Rental Service in accordance with the applicable clauses of the General Terms or these Special Conditions, you will no longer have access to the Heart Telecom Calls and Line Rental Service or any telephone service. You will need to make arrangements with an alternative telecommunications provider. 
 
SPECIAL CONDITIONS FOR HEART TELECOM INTERNET ACCESS SERVICES

If you are purchasing a Heart Telecom Broadband Service, the Special Conditions for all Internet Access Services set out in Section E and the Special Conditions for the Broadband Services set out in Section H apply. 
To the extent that there is any inconsistency between the Special Conditions in Sections E, and H and the General Terms, the applicable provision of the Special Conditions shall prevail.

SECTION E: 
SPECIAL TERMS FOR ALL INTERNET ACCESS SERVICES

E1. Terms used in these Special 
Conditions

In these Special Conditions the following terms have the meanings set out opposite them:

"Customer Materials" means the customer materials describing the Internet Access Services in further detail available on our Website and such other service literature as is published from time to time by us;

"Fair Usage Policy" means the Heart Telecom Fair Usage Policy available on our Website as may be amended from time to time;

"Internet Access Service" means the Heart Telecom Internet Access Service provided by us to you under this Agreement;

"Location" means the location at which the Internet Access Service is to be provided, as specified in the current address section of your Customer Application Form or as specified to our customer service representative;

"Modem" means the modem used by you to access the Internet Access Service;

"Re-grade" means your entitlement, as provided further in these terms and conditions, to switch the transmission speed of the Broadband Service or to switch between a capped and uncapped Broadband Service;

"Heart Telecom Broadband Service" means the broadband Internet Access Service described in Section H of these Special Conditions;

E2. Your right to cancel

E2.1 Subject to clause E2.2, if you are purchasing the Internet Access Service as a consumer, you may cancel your order for the Internet Access Service under this Agreement no later than the earlier of 7 working days after Acceptance and the day on which you begin to use the Internet Access Service ("Cooling Off Period") by contacting our customer services department by phone, fax, email or post. If we have supplied you with a Modem you must either pay for the Modem or return such Modem to us in the packaging in which we sent it to you and include the receipt or delivery documentation. If you open the packaging of any Modem we provide to you, this will be considered to be use of the Internet Access Service. We will refund to you any payment received from you for such Modem if returned in perfect working order and in its sealed packaging.

E2.2 If you do commence to use the Internet Access Service, you may only cancel the Internet Access Service or terminate this Agreement pursuant to any applicable provision of the General Terms or the applicable Special Conditions.

E3. Getting started 
Although we will use our reasonable efforts to install the Internet Access Service by the date that we agree with you, all dates are estimates and we cannot guarantee that we will meet them and we will have no liability for any failure to meet such dates.

E4. Our provision of the Internet Access Services

E4.1 The Internet Access Service gives you access to the Internet and a range of Internet services and applications as described in the applicable Special Conditions and in the Customer Materials.

E4.2 The Internet Access Service will be provided to you at the Location except for such Internet Access Service which can be accessed from various other locations.

E4.3 We can only provide Internet Access Services in areas of the United Kingdom in which we are technically able to offer Internet Access Services from time to time.

E4.4 In order to use the Internet Access Service, you need an existing telephone 
line and a personal computer of a minimum specification. You acknowledge that we are dependent upon certain third parties to install and provide the Internet Access Service to you. We are not responsible to you for any faults or interruption caused by them. We agree to notify the relevant third parties of any issues concerning the nternet Access Service that you bring to our attention, but we cannot guarantee rectification of these issues by the relevant third parties. You also acknowledge that there may be technical limits that prevent us from delivering an operational service to you. We will endeavour to provide the Internet Access Service to you at the specified access rate but, due to congestion within the Network or other technical factors, the speed of service may be reduced at times.

E4.5 We do not undertake to provide a fault-free service. If, however, a fault occurs, you should report the fault by phone, electronic mail or in writing to our customer services department.

E4.6 We may suspend the Internet Access Service including during scheduled periods of downtime where necessary for operational reasons such as repair, maintenance or improvement of the Internet Access Service or because of an emergency. We will let you know as soon as reasonably practicable of any periods of downtime of the Internet Access Service. We will restore, or procure the restoration of, the Internet Access Service as soon as we reasonably can after suspension.

E4.7 We may, for operational or other reasons, change any security codes or the numbers allocated to you or the specification of the Internet Access Service but any such changes will not materially affect the Internet Access Service.

E4.8 We may immediately suspend your access to the Internet Access Service in the event that you do not pay a bill in accordance with clause 6 of the General Terms or any applicable Special Conditions.

E5. Charges and deposits

E5.1 You agree to pay us the Charges.

E5.2 If you elect to receive paper billing as permitted under clause 6.8 of the General Terms, we will send you your first bill shortly after we begin providing the Internet Access Service to you. We will usually send you a bill each month but we may send you a bill at any time.

E5.3 During the registration process, we will ask you to provide details of a credit card or debit card to enable us to collect payments for your account (including any set-up fees) and for any additional Services that we may provide to you.

E5.4 In the event that the account holder is not the same person as the individual or entity making payment, you hereby agree that you have and will continue to have all 
necessary permission to use the Services.

E5.5 If you currently receive an Internet access service from another telecommunications provider, you are responsible for any contract you have with them and any liabilities you may incur for terminating your current contract.

E6. Equipment

E6.1 You will ensure that any equipment that you attach (directly or indirectly) to the Internet Access Service is technically compatible with the Internet Access Service and that its use does not breach any relevant legislation, regulation telecommunications industry standards.

E6.2 We will continue to own any equipment (including any Modem) we install or provide to you unless you have paid us in full for any such equipment in which case title passes to you on our receipt of full payment.

E6.3 You agree that you will be responsible for any equipment (including any Modem) that we may provide to you, or is provided to you on our behalf, for the purpose of receiving the Internet Access Service and that you will use any equipment (including the Modem) connected or used with the Internet Access Service in accordance with any instructions, safety procedures and security procedures applicable to it.

E6.4 You also agree that you will use any Modem that we provide to you, or is provided to you on our behalf, for the sole purpose of accessing the Internet Access Service.

E6.5 We offer technical support on all Modems supplied by us during the registration process. If you choose to use your own Modem we may have to refer you to your supplier for technical advice.

E7. Your use of the Internet Access Services

E7.1 We do not warrant or guarantee the accuracy or completeness of any of the 
information, sound, software and any other materials (in whatever form) and Internet access services made available to you as part of the Internet Access Service (the "Content") or any further information or results which may be derived from it. You acknowledge that you will not rely on any Content in making any business or other decision and that your use of the Content is at your sole risk.

E7.2 We reserve the right to vary the Content from time to time in our sole discretion 
and do not guarantee or warrant that any particular item of Content will be available 
at any given time.

E7.3 Please note that there may be additional conditions (either ours or those of a third party) displayed online relating to particular Content. These additional conditions will also form part of this Agreement should you access such Content.

E7.4 You are entirely responsible for evaluating any goods or services offered by third parties via the Internet Access Service or on the Internet. We will not be a party to or in any way be held responsible to you for any transaction between you and any 
third party.

E7.5 You warrant that any information you make available on your Website, both yours ("Customer Information") or that of a third party ("Third Party Content") is and will remain wholly accurate and will not include any information or material (any part of which, or the accessing of which or use of which) would be a criminal offence 
or otherwise unlawful.

E7.6 You also warrant that you will comply with all consumer and other legislation, instructions or guidelines issued by regulatory authorities and relevant licences which relate to the provision of the information on your website including those notified by us to you.

E7.7 You or any other person whom you allow to use the Internet Access Service must not use the Internet Access Service:

E7.7.1 in any way that contravenes our Fair Usage Policy;

E7.7.2 to deliver, knowingly receive, upload, download, use or re-use any information or material which is abusive, defamatory, obscene, menacing or a nuisance, or breach 
any copyright, privacy or any other rights;

E7.7.3 to send or procure the sending of any unsolicited advertising or promotional material;

E7.7.4 in a way that does not comply with our specific instructions; or

E7.7.5 if you have a mail server, to allow relay emails from outside your domain from 
your mail server.

E7.8 If you do not, or any other person whom you allow to use the Internet Access 
Service does not, comply with any provision of clause E7:

E7.8.1 you shall indemnify and hold us harmless against all liabilities, claims, losses, 
damages or expenses arising directly or indirectly or in any way associated or suffered as a result of such non-compliance; and

E7.8.2 we may suspend the Internet Access Service immediately without notice to you and without incurring any liability to you.

E7.9 You acknowledge that Internet Access Services are provided to other users and we owe a duty to these users as a whole to preserve our Network integrity and avoid Network degradation. If, in our reasonable opinion, we believe that your use of the Internet Access Service has affected or may adversely affect such Network integrity or may cause Network degradation we may change your chosen access rate or manage your Internet Access Service as we see fit in the circumstances.

E7.10 You agree that for you to use the Internet Access Service, some minor modifications may need to be made to your computer to make it operate with the Internet Access Service. It is your responsibility to ensure that such modifications do not invalidate the terms of any warranty you may have concerning your computer. We shall not be liable to you for any claim that your warranty has been invalidated (if applicable) as a result of work carried out by you or for you by us or our agents to make your computer operate with the Internet Access Service.

E8. User names and passwords

E8.1 We reserve the right (at our sole discretion):

E8.1.1 to suspend user names and password access to the Internet Access Service if at any time we think that there has been or is likely to be a breach of security; and

E8.1.2 to ask you to change any or all of the passwords you use in connection with the Internet Access Service.

E8.2 You must inform us immediately of any subsequent changes to the information you supply to us when you register for the Internet Access Service.

E8.3 You accept and acknowledge that the Internet Access Service, as other Internet 
applications, is not secure and we do not guarantee the prevention or detection of any unauthorised attempts to access the Internet Access Service.

E9. Intellectual Property Rights

E9.1 Any patents, design rights, know-how, copyrights, trade marks, the right to use software and all other similar proprietary rights (whether registered or unregistered) worldwide ("Intellectual Property Rights") relating to the Internet Access Service or arising during the development of the Internet Access Service, belong to us or to a relevant third party.

E9.2 The Content is protected by applicable Intellectual Property Rights. You must not and must not permit anyone else to copy, store, modify, distribute externally, broadcast or publish any part of the Content. You may use the Content solely for your own purposes.

E10. Software

E10.1 Where we provide software to you to enable you to use the Internet Access Service ("Software"), we grant you a non-exclusive, non-transferable licence to use the Software solely for the term and purposes of this Agreement. You may need to sign agreements reasonably required by the owner of the copyright in the Software to protect the owner's interest in that Software for you to be able to use the Software.

E10.2 Except as permitted by applicable law or as expressly permitted by us by 
notification to you, you cannot de-compile or modify the Software, or copy the manuals or documentation.

E10.3 We may offer updates or modifications to the Software or documentation and we will notify you of any applicable Charges for such updates or modifications at the 
time we offer them to you.

E11. Intellectual Property Rights indemnity

You will fully indemnify and hold us harmless against all claims and proceedings arising from infringement of any third party's Intellectual Property Rights by reason of your use or publication of the Content, the Customer Information or Third Party Content.

E12. Limitation of liability

E12.1 We are under no obligation to edit, review or modify Customer Information or Third Party Content. However, we reserve the right to remove any Customer Information or Third Party Content without notice. For the avoidance of doubt we do not proactively monitor messages that you may post on our managed sites, but we 
reserve the right to remove such message at our sole discretion.

E12.2 Subject always to clause 11 of the General Terms, we exclude all liability of any kind in respect of:

E12.2.1 the Content, Customer Information or Third Party Content and any other material on the Internet which can be accessed using the Internet Access Service and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Internet Access Service or on the Internet;

E12.2.2 the accuracy, completeness or suitability for any purpose of any Content, Customer Information or Third Party Content and any other material on the Internet which can be accessed using the Internet Access Service; and

E12.2.3 the acts or omissions of other providers of telecommunications or Internet access services (including domain name registration authorities) or for faults in or failures of their equipment.

E13. Termination of this Agreement

E13.1 We may at our sole discretion terminate this Agreement in respect of the Internet Access Service or suspend the Internet Access Service immediately, in the event that:

E13.1.1 any of the reasons specified in clause 10.1.2 of the General Terms occur or apply;

E13.1.2 any credit card, debit card or direct debit details submitted by you for payment are found not to be or cease to be valid;

E13.1.3 if you use the Internet Access Service in contravention of the terms of this 
Agreement;

E13.1.4 your contract with us or your telecommunications provider for your 
direct telephone line is terminated;

E13.1.5 your use of the Internet Access Service materially disrupts the provision of our services to other customers; or

E13.1.6 we become aware of any breach of third party Intellectual Property Rights caused by the Customer Information or the Third Party Content.

E13.2 If we suspend the Internet Access Service in accordance with the General Terms or clause E13.1 of these Special Conditions, we may, at any time following such suspension (and if the circumstances in clause E13.1 of these Special Conditions remain), immediately terminate this Agreement in respect of the Internet Access Service by giving you notice. We may refuse to restore the Internet Access Service to you until the provisions in clause E13.1 of these Special Conditions are cured and we receive an acceptable assurance from you that there will be no further breach.

E13.3 Upon termination or expiration of this Agreement registration to any of our 
Internet Access Services or those of third parties provided in the course of and/or for the purposes of the Internet Access Service will cease at the same time as the provision of the Internet Access Service ends.

SECTION H: 
SPECIAL CONDITIONS FOR HEART TELECOM 
BROADBAND SERVICES

These Special Conditions are incorporated into the Customer Agreement for those customers purchasing the Broadband Service. A Broadband Service is one which gives a user high-speed network access to the Internet at the speed specified by the customer in the Customer Application Form. To the extent that there is any inconsistency between the terms of this Section H and the terms of Section E, the applicable provision of this Section H shall prevail.

H1. Commencement and duration

H1.1 This Agreement commences in respect of the Broadband Service on the date you Accept these terms and will continue for such minimum period as is specified in your Customer Application Form or as otherwise communicated by you from the Service Ready Date described in clause H2.1 below ("Initial Term") and indefinitely thereafter unless terminated earlier by either party in accordance with the General Terms or these Special Conditions.

H2. Getting started

H2.1 Before we can be certain that we can provide you with the Broadband Service and in addition to clause 5.1 of the General Terms, we need to do the following:

H2.1.1 successfully complete a line test and survey;

H2.1.2 if applicable, successfully install the equipment needed for you to use the 
Broadband Service; and

H2.1.3 successfully activate the Broadband Service. Once the above checks have been completed successfully we will inform you of the date on which it is proposed that your Broadband Service will be activated ("Service Ready Date") and will send you any agreed equipment that needs to be installed prior to your commencing use of the Broadband Service (or procure that such equipment is sent to you). If we cannot provide you with the Broadband Service because one of the above requirements cannot be successfully completed we will notify you as soon as possible, and this Agreement shall terminate in respect of the Broadband Service with immediate effect.

H2.2 If any equipment needs to be installed at your Location, we may give you some advice on preparing your Location but we will not be responsible to you for any losses or damages you suffer as a consequence of your preparation of your Location. You will also need a working and active phone line or a "calls and access" line from us or another telecommunications provider.

H2.3 Activation of the Broadband Service may result in you experiencing a temporary loss of your phone line.

H2.4 We reserve the right to charge you (at the rates specified in our Price List) for activation or installation for the Broadband Service on your behalf.

H2.5 Unless agreed otherwise between us, you will be supplied with one Modem and two ADSL filters prior to activation of the Broadband Service.

H3. Your use of the Broadband Services

H3.1 In the event that you move from the Location, and you wish to continue to receive the Broadband Service, we shall terminate your existing Broadband Service and (provided that you can receive the Broadband Service from your new Location) you will be required to register again for the Broadband Service and commit to the remaining term of the Initial Term. In addition, we reserve the right to charge an Administrative Charge for the Location move.

H3.2 You may at any time during the term of this Agreement Re-grade your Broadband Service subject to a maximum number of 3 Re-grades in each 12-month period. In the event that you Re-grade within the Initial Term, we reserve the right to charge you for the Re-grade at our then current rates and to require you to commit to a further Initial Term.

H3.3 We do not offer static IP addresses as part of the standard Broadband Service although, when available, static IP addresses can be purchased at our then current rate (see our Price List or contact our customer services department for details).

H3.4 In the event that your telephone account with another telecommunications provider is terminated or you change the services on the telephone line on which you currently use the Broadband Service so that the Broadband Service is unable to operate normally, your Broadband Service will terminate and you will be liable for the Charges which would have been payable for the entire Initial Term or any subsequent additional fixed term.

H3.5 Some of our Broadband Services impose a cap or limit on the amount of data that you can download in a calendar month. If you exceed your data allowance in any given calendar month, you may be charged for any download in excess of your limit. Please note that the data allowances expire at the end of each calendar month and cannot be transferred to a subsequent month if unused. Please refer to our Fair Usage Policy on download limits and the charges applicable once the download limit is exceeded.

H4. Payment

H4.1 Charges are payable monthly in advance. You must pay your bill by direct debit authority.

H4.2 We shall be entitled to suspend your access to the Internet Access Service 
immediately without notice to you if you do not pay any Charges due in respect of the Internet Access Service by the due date.

H5. Equipment

H5.1 Title in any Modem we provide to you remains with us until we receive payment in full at which time title passes to you.

H5.2 In the event that we have provided you with a Modem as part of your Broadband Service, upon your renewal of such Broadband Service beyond the Initial Term, ownership of the Modem will pass to you unless ownership has already passed to you at an earlier time pursuant to clause H5.1 of these Special Conditions.

H6. Termination

H6.1 You may terminate this Agreement in relation to the Broadband Service on giving at least one month's notice, such notice to be effective no earlier than the end of the Initial Term.

H6.2 In the event that this Agreement is terminated in relation to the Broadband 
Service during the Initial Term (or any subsequent additional agreed fixed term), other than by you during the Cooling Off Period or by us pursuant to clause 10.1.2.7, clause 10.1.2.8 or clause 10.1.2.9 of the General Terms, you must pay all Charges that would have been payable for any remaining period of the Initial Term or any subsequent additional fixed term.

H6.3 In addition to any charges due under H6.2 a service cancellation charge of £50 will apply.

SECTION G
SPECIAL CONDITIONS FOR HEART TELECOM MOBILE SERVICES

These Special Conditions are incorporated into the Customer Agreement for those customers of the Heart Telecom Mobile Service. To the extent that there is any inconsistency between these Special Conditions and the General Terms, the applicable provision of these Special Conditions shall prevail.

1. Terms used in these Special Conditions

In these Special Conditions, the following terms have the meanings set out opposite them:

"Additional Services" means services other than basic Heart Telecom Mobile Service supplied with your price plan or optional services outside your price plan;

"Cancellation Charge" means a charge applied to your account for cancelling the Heart Telecom Mobile Service before the end of any Minimum Period. Where you agree to a Minimum Period, this figure shall be calculated by adding together all outstanding Periodic Charges for the remainder of the Minimum Period beginning from the date of cancellation;

"Content" means all information whether textual, visual, audio or otherwise, appearing on or available through the Heart Telecom Mobile Service whether supplied by us or by content providers;

"Equipment" means the equipment approved for connection to the Network which you use with a SIM Card supplied pursuant to this Agreement. The term "Equipment" shall specifically include any Handsets provided by us to you and any related accessories;

"Fair Usage Policy" means our Fair Use Policy from time to time as set out on the Website;

"Handset" means a mobile handset with which we provide you for use with the SIM Card;

"Minimum Period" means any minimum term for which you join a particular Heart Telecom Mobile Service or price plan, whether specified in the Customer Application Form or otherwise notified to you;

"SIM Card" means the subscriber identity module card supplied pursuant to this Agreement and used with Equipment to obtain and use the Heart Telecom Mobile Services;

"Upgrade" means moving from one Heart Telecom Mobile Service plan to another Heart Telecom Mobile Service plan which has a greater number of included minutes or higher recurring Charges; and

"Heart Telecom Mobile Service" means the Heart Telecom mobile phone service provided by us to you under these Special Conditions and includes using the Equipment and Additional Services.

2. Commencement of this Agreement and cancellation rights prior to provision of Heart Telecom Mobile Service

2.1 This Agreement commences in respect of the Heart Telecom Mobile Service on the date of Acceptance and will continue for the Minimum Period. The Minimum Period will be deemed to begin on the earlier of:

2.1.1 3 days after we ship you your SIM Card with any accompanying Equipment; and

2.1.2 your first use of the Services. Use of the Heart Telecom Mobile Service includes opening the packaging of the Equipment.

2.2 We will begin to bill you for any Periodic Charges and Administrative Charges with effect from the date specified in clause 2.1 of these Special Conditions.

2.3 At the end of the Minimum Period, this Agreement will continue in force unless terminated by you or by Heart Telecom on no less than one month's notice. In the event that you upgrade to a different Heart Telecom Mobile Service package, we may require a commitment for an additional Minimum Period.

2.4 Subject to clause 2.5 of these Special Conditions, if you are purchasing the Heart Telecom Mobile Service as a consumer, you may terminate this Agreement for the Heart Telecom Mobile Service no later than the earlier of 7 working days after Acceptance and the day on which you begin to use the Heart Telecom Mobile Service ("Cooling Off Period") by contacting our customer services department by phone, fax, email or post to initiate a cancellation request and return of Equipment.

2.5 If you terminate this Agreement during the Cooling Off Period in accordance with clause 2.4 of these Special Conditions, we will reimburse you any amounts already billed to your account, so long as they do not result from use of the Heart Telecom Mobile Service.

2.6 If you terminate this Agreement during the Cooling Off Period, you must return the SIM Card and all Equipment to us in the original packaging and include the original receipt or delivery documents. If you do not do so, we may charge you for such SIM Card and Equipment.

2.7 We have the right to collect a Cancellation Charge if you cancel the Heart Telecom Mobile Service or an Additional Service within the relevant Minimum Period. A Cancellation Charge is not payable if you are cancelling the Heart Telecom Mobile Service under clause 13.1 of the General Terms.

3. Availability of the Heart Telecom Mobile Service

3.1 We will always try to make the Heart Telecom Mobile Service available to you but sometimes it may be affected by things we cannot control, for example, the weather, buildings, tunnels and faults in other phone networks. The Heart Telecom Mobile Service is made available provided you are in range of base stations forming part of the Network.

3.2 We reserve the right to suspend, amend or withdraw part or all of the Additional Services on giving reasonable notice. Charges for and any special terms over and above these terms and conditions attached to Additional Services will be available in our Price List and on our Website.

4. Issuing SIM Card and Equipment

4.1 Subject to the General Terms, we will endeavour to issue you with a SIM Card and any accompanying Equipment as soon as possible after you have joined the Heart Telecom Mobile Service.

4.2 We will generally activate and configure your Handset for you. If we have not activated or configured your Handset, then you will be responsible for configuring your Handset and any additional Equipment according to instructions provided. We may charge you at our then current rate as specified in our Price List for any technical assistance we provide.

4.3 You must report faulty SIM Cards and Equipment provided by us as soon as practicable after receiving the SIM Card or Equipment by telephoning our customer services department. You must then return the SIM Card or Equipment to us or as directed by us. We or our nominated representative on our behalf will assess the condition of such SIM Card and Equipment. To the extent that they are covered by the manufacturer's warranty, they will be replaced free of charge. Otherwise, we may charge you for the repair or replacement of such SIM Card or Equipment

5. Your use of the Heart Telecom Mobile Service, the SIM Card and Equipment

5.1 You will not use or allow others to use the Heart Telecom Mobile Service for the purposes of operating or using a GSM Gateway apparatus or any other device to route or reroute voice, data, or other traffic through the Network or any third party network. Any failure to comply with this condition shall be a material breach of this Agreement.

5.2 When using (or trying to use) the Heart Telecom Mobile Service you shall comply (and shall ensure that any person you allow to use the Heart Telecom Mobile Service complies) with clause 4 of the General Terms. You shall also comply with the following conditions:

5.2.1 the Heart Telecom Mobile Service must only be used with Equipment provided by us or otherwise compatible for use with the Network;

5.2.2 you must not use the Heart Telecom Mobile Service (or allow others to use the 
Heart Telecom Mobile Service) to make or receive reverse charge calls;

5.2.3 you may only use the SIM Card and Equipment we provide to you for the purpose of using the Heart Telecom Mobile Service;

5.2.4 you may only use the SIM Card we provide to you with the Handset we provide to you unless you purchase a Heart Telecom Mobile Service package that does not include a Handset in which case you are responsible for ensuring that the SIM Card is compatible with your handset;

5.2.5 SIM Cards and Handsets must be used safely and in accordance with all instructions, safety procedures, security procedures and applicable laws and regulations;

5.2.6 the Heart Telecom Mobile Service must not be used to send, receive, upload, download or otherwise facilitate any material which is offensive, indecent, defamatory, of a menacing nature, a nuisance, a breach of privacy, or otherwise unlawful;

5.2.7 the Heart Telecom Mobile Services must not be used to access or use Content in a way that infringes the rights of others;

5.2.8 the Heart Telecom Mobile Service must not be used otherwise than in accordance with any connected networks' policies for acceptable use, and (if appropriate) any relevant internet standards;

5.2.9 all use of the Heart Telecom Mobile Service must be in accordance with the terms of our Fair Usage Policy;

5.2.10 you must give us all information we reasonably ask for; and

5.2.11 you must follow all reasonable instructions we give you. Any failure to comply with this clause 5.2 of these Special Conditions is a material breach of this Agreement.

5.3 If you do not comply (or any other person whom you allow to use the Service does not comply) with any provision of clause 5.2 of these Special Conditions:

5.3.1 you shall indemnify and hold us harmless against all liabilities, claims, losses, damages or expenses arising directly or indirectly or in any way associated or suffered as a result of such non-compliance; and

5.3.2 we may suspend the Heart Telecom Mobile Services immediately without notice and without incurring any liability to you.

6. Ownership of SIM Cards and Equipment

6.1 We (or our suppliers) will continue to own any SIM Card or Equipment we install or provide to you pursuant to this Agreement unless you have paid us for any such Equipment in full in which case title passes to you on our receipt of such payment in full. Without limitation to the foregoing, payment made for Handsets and other Equipment provided as part of any Heart Telecom Mobile Service price plan or package, and payment made for upgrade of such Handsets and Equipment to different models will not be considered payment in full for the purposes of this clause.

6.2 Payment in full shall occur once you have paid all Charges for the Minimum Period for the Heart Telecom Mobile Service ordered. In the event that you receive new Equipment during the term of any Minimum Period (whether as result of the purchase of an Upgraded Heart Telecom Mobile Service package or not) additional payment or an additional Minimum Period may be required before ownership of any such new Equipment passes to you.

6.3 Upon termination of the Heart Telecom Mobile Service, you must return all Equipment to us in which title has not passed to you. We may charge you for any Equipment that you do not return.

6.4 Notwithstanding clause 6.1 of these Special Conditions, any transfer of a SIM Card to you shall constitute a transfer of title in the physical media constituting such SIM Card only. At all times, title in the SIM Card, any associated software, and the number contained in each SIM Card shall remain vested in us or our commercial partners, and the supply of such SIM Card shall take effect only as a licence to use the same in accordance with the terms of the Agreement.

6.5 You agree that you will be responsible for any SIM Card and Equipment that may be provided to you by us or on our behalf for the purpose of receiving the Heart Telecom Mobile Service.

7. Lost or stolen SIM Cards and Equipment

7.1 If a SIM Card or any other Equipment provided by us is lost or stolen, you must call our customer services department immediately. In the event of theft you may be required to provide a police crime reference number.

7.2 You agree that you shall be held liable for any Charges associated with the Heart Telecom Mobile Service and Additional Services for a period of one hour after you report the theft or loss to us. If you report the theft or loss outside our normal business hours or leave a message on our customer services department answering machine, the one hour period will commence at the beginning of our next working day.

7.3 We may charge for a replacement for any SIM Card or other Equipment which you report as lost or stolen.

8. Phone numbers

8.1 You agree that any numbers allocated to you are not owned by you and may be withdrawn or replaced by us at any time. However, we will not arbitrarily withdraw or replace numbers. We will only change the phone numbers allocated to you (including any phone number allocated to a SIM Card) for good reason, in accordance with our regulatory obligations or with your consent. We will give you reasonable notice of any proposed change and will inform you why it is necessary to implement such change.

8.2 You may request us to port your number from another telecommunications 
provider. However you agree that this may not be possible and we may provide you with a new number.

8.3 If you request us to do so, we will port your number to another telecommunications provider if reasonably practicable and, if you make such a request, you agree to provide us with such assistance and cooperation as we may need to port your number.

8.4 You will not attempt to sell, transfer or assign any such number to anybody else.

9. Content

9.1 We will not be liable to you or any other party for any action you take in reliance upon the accuracy, completeness or continuous supply of the Content.

9.2 It is your responsibility to evaluate the value and integrity of goods and services offered by third parties by means of the Heart Telecom Mobile Service. We will not be a party to, nor in any way be responsible for, any transaction concerning third party goods and services.

9.3 To the extent that the Heart Telecom Mobile Service enables access to Content, we may vary the availability of such Content. We may also vary the technical specification of Heart Telecom Mobile Service.

9.4 By using the Heart Telecom Mobile Service you consent to us copying and/or modifying images or information you have created where such copying and/or modification is carried out for the purposes of transmission.

10. Use of Heart Telecom Mobile Service abroad and to call international destinations

10.1 We may restrict your ability to use the Heart Telecom Mobile Service while abroad. Please contact our customer services department to discuss the possibility of using the Heart Telecom Mobile Service while abroad. We cannot guarantee the availability of Heart Telecom Mobile Service abroad. Furthermore, the availability of the Heart Telecom Mobile Services in any given country may change at any time.

10.2 Calls from the UK to international destinations may be made by means of the short code that will be provided to you to access our international dialling platform. In order to make calls to international destinations without the use of the short code please call our customer services department. In the event that you make calls to international destinations without the use of the short code you may be charged a higher rate.

10.3 We will bill you for calls to international destinations, as well as for any 
Heart Telecom Mobile Services and Additional Services used abroad when we receive the relevant records from the relevant third party provider. This may be 3 months or longer from the date the relevant Heart Telecom Mobile Service or Additional Service was used.

11. Use of Heart Telecom Mobile Service to call premium rate numbers

Calls to premium rate numbers may be barred by us on a temporary or permanent basis to prevent fraud. Please notify our customer services department if you would like the bar to be lifted.

12. Payment

12.1 You will be billed on a monthly basis. We will bill in advance for Periodic Charges and Administrative Charges and in arrears for other Charges. Charges must be paid by recurring credit card or recurring debit card. You will be notified of the amount and collection date no less than 5 days in advance of such collection.

12.2 Unless otherwise specified by us, where you pay a Periodic Charge which includes use of a Heart Telecom Mobile Service for up to a specified amount for which no additional charge is made, any unused amount cannot be carried forward from one billing period to the next.

12.3 Except as specified in clause 4.2 of the General Terms and clause 7.2 of these Special Conditions, you are responsible for all Charges relating to Heart Telecom Mobile Service and Additional Services used.

13. Deposits and account limits

13.1 If we require you to provide a security deposit or interim payment under clause 7 of the General Terms, we may hold the deposit or payment until you cancel the Heart Telecom Mobile Service. If your Heart Telecom Mobile Service is enabled for international calls and/or international roaming, we may retain such security deposit or payment for a period of 3 months from cancellation or termination of the Heart Telecom Mobile Service.

13.2 In addition to our rights under clause 7 of the General Terms, we can review or amend any credit limit imposed on you or security deposit required of you if we have enabled you to receive the Heart Telecom Mobile Service for the purpose of calling international locations or receiving Heart Telecom Mobile Service abroad.

14. Suspension of Heart Telecom Mobile Service

14.1 Without limiting the provisions of clause 8 of the General Terms, we may suspend immediately the provision of the Heart Telecom Mobile Service or Additional Services (or a part of them) to you and disconnect any SIM Card from the Network without warning if you or anyone who uses your SIM Card does not comply with these Special Conditions. 
14.2 We can charge to reconnect you to the Heart Telecom Mobile Service after a suspension under clause 14.1 of these Special Conditions and we may change your payment terms as a condition of reconnection.

14.3 Any exercise of our right to suspend the Services under clause 14.1 of these 
Special Conditions shall not exclude our right subsequently to terminate this Agreement.

14.4 We may refuse to restore the Heart Telecom Mobile Service to you until the provisions clause 14.1 of these Special Conditions are cured and we receive an acceptable assurance from you that there will be no further breach.

15. Internet Access

If you have Equipment which enables access to the Internet the following terms and conditions also apply to you:

15.1 Either ourselves or third parties may provide links to other web sites or resources. We do not endorse, nor do we make any warranty as to the accuracy, completeness, reliability or continuous supply of the Content contained on any third party sites or resources accessed via the Heart Telecom Mobile Service.

15.2 All Content made available on the Internet (directly or indirectly) through using the Services, whether publicly posted or privately transmitted, is the sole responsibility of the party from which such information originated. You are entirely responsible for all information uploaded, e-mailed or otherwise transmitted via Internet access.

15.3 We will not be responsible for any loss or damage you may suffer from any dealings with third parties. Any dealings with products or services provided by third parties which are located by using our Services or via our web site, are solely between you and that third party, unless we specifically state otherwise.

15.4 Your ability to access a secure Internet environment will be dependent on your Equipment and the third party supplier of Content.

15.5 We will not be responsible for any harm you suffer from a virus which infiltrates your Equipment, whether it was transmitted via the Heart Telecom Mobile Service or otherwise. You remain responsible for all Charges applied to your accounts for the use of any Heart Telecom Mobile Service activated by such a virus.

15.6 While we try to ensure that the Heart Telecom Mobile Service is made available to you, we cannot guarantee the availability of and coverage of interconnect connectivity via the Equipment at all times.

15.7 You shall be responsible for configuration of the Equipment for Internet usage according to the instructions provided. Heart Telecom may charge you at its then current rates for any technical assistance provided.

15.8 Access to certain adult content may be prevented by us. To allow access, please follow instructions provided to you by our customer services department.

16. Cancellation of the Heart Telecom Mobile Service

16.1 You can terminate this Agreement in respect of the Heart Telecom Mobile Service by notifying our customer services department that you want to terminate it.

16.2 If you are terminating this Agreement in respect of the Heart Telecom Mobile Service pursuant to clauses 13.1 of the General Terms, your Agreement will terminate in accordance with clause 13.1. Otherwise, whether you are within any Minimum Period or outside it, your Heart Telecom Mobile Service will terminate one calendar month from receipt of your notice. You will be responsible for all Charges including any Periodic Charges or Administrative Charges up to and including the date of termination as well as any Cancellation Charge. You are free to restore your Heart Telecom Mobile Service throughout the notice period.

16.3 If we terminate this Agreement in respect of the Heart Telecom Mobile Service under clauses 10.1.2.1, 10.1.2.2, 10.1.2.3. 10.1.2.4, 10.1.2.5 or 10.1.2.6 of the General Terms you must pay everything you owe us including a Cancellation Charge for any Heart Telecom Mobile Service still within the Minimum Period. If we terminate this Agreement in respect of the Heart Telecom Mobile Service for a reason set out in clauses 10.1.2.7, 10.1.2.8 or 10.1.2.9 of the General Terms, you must pay everything you owe us but you will not have to pay a Cancellation Charge.

Customer Cancellation Slip 
You have the right to cancel your order pursuant to the relevant Terms and Conditions, and:

• within 13 days of Acceptance for your Heart Telecom Calls and Line Rental Service;

• in any event at ANY time for your Heart Telecom Voice Call Service, Heart Telecom Voice Line Rental Service and Heart Telecom Metered Dial-Up; and

• no later than the earlier of 7 working days after Acceptance and the day on which you begin to use the Heart Telecom Broadband Service and the Heart Telecom Mobile Service.

If you wish to cancel your Service please contact our customer services department or complete the following section and post or fax it to the address/number below. If you wish to cancel your Heart Telecom Mobile Service, you should NOT send your Equipment to the address shown on the cancellation slip. Our customer services department will give you instructions for returning your Equipment after it has processed your cancellation request. 
_____________________________________________________________________ 
To: Heart Telecom Customer Services Manager 
I give you notice that I wish to cancel my contract. 
Customer name: _______________________________________________________ 
Tel number: __________________________________________________________ 
Postcode: ____________________________Date: ____________________________ 
Customer Signature: ____________________________________________________ 
Send Cancellation Slip to: Heart Telecom, 11 Faraday Building, Nottingham Science and Technology Park, Nottingham NG7 2QP   or fax: 0845 644 0622

SECTION I: 
SPECIAL CONDITIONS FOR HEART TELECOM 
NON-GEOGRAPHIC NUMBER SERVICES

These Special Conditions are incorporated into the Customer Agreement for those customers purchasing the Non-Geographic Number (NGN) Service. An NGN Service is one which gives a customer use of a non-geographic number for th forwarding of calls or faxes to other numbers and services as specified in the Customer Application Form.

I1. Commencement and duration

I1.1 This Agreement commences in respect of the NGN Service on the date you Accept these terms and will continue for such minimum period as is specified in your Customer Application Form or as otherwise communicated by you from the Service Ready Date described in clause I2.1 below ("Initial Term") and indefinitely thereafter unless terminated earlier by either party in accordance with the General Terms or these Special Conditions.

I2. Getting started

I2.1 Before we can be certain that we can provide you with the NGN Service you will need to comply with clause 5.2 of the General Terms.

I3. Your use of the NGN Services

I3.1 You are responsible for maintaining any diversion numbers or services via the customer control panel. We can not accept requests to modify diversion numbers or divert to services by email, fax, post, telephone or any other means other than via the customer control panel.

I3.2 You may at any time during the term of this Agreement change the redirect of your service. Whilst we will endeavour to implement any changes as soon as practicably possible such changes may take up to 48 business hours to implement.

I3.3 Heart Telecom will grant a credit allowance against charges incurred under the agreement for NGN Service interruption calculated and credited in 15 minute increments at a rate equal to the amount charged to the customer for the period of the NGN Service. A credit allowance for an NGN Service interruption will be granted only if the interruption is not a partial fault of the customer and the customer does not unreasonably continue to use the NGN Service on an impaired basis. The foregoing states the Customer's sole remedy for NGN Service interruption.

I3.4 Some of our NGN Services impose a cap or limit on the amount of diversion changes that you can make in a calendar month. If you exceed your allowance in any given calendar month, you may be charged for any changes in excess of your limit. Please note that the allowances expire at the end of each calendar month and cannot be transferred to a subsequent month if unused.

I4. Payment

I4.1 Charges for numbers are payable yearly in advance by credit card or debit card. Where the redirection of calls results in per call charges (see price list and chagres), you will be billed monthly in arrears for any such charges. You must pay your monthly call redirect bill by direct debit authority.

I4.2 We shall be entitled to suspend your access to the NGN Service 
immediately without notice to you if you do not pay any Charges due in respect of the NGN Service by the due date. 
I5 Invoicing and Rebates 
I5.1 Invoices: 
a). All individual calls will be rounded up to the nearest 10th of a penny. e.g. 10.34 pence will become 10.4 pence.
b). Monthly call totals will be rounded up to the nearest penny. e.g. 234.2 pence will become 235 pence.
c). VAT will then be added to the total and rounded down to the nearest penny e.g. 15.8 pence will become 15 pence. 
I5.2 Rebates/Self-billing:
a). All individual calls will be rounded up to the nearest 10th of a penny. e.g. -10.34 pence will become -10.4 pence.
b). Monthly call totals will be rounded up to the nearest a penny. e.g. -234.2 pence will become -235 pence.
c). VAT will then be added to the total and rounded down to the nearest penny. e.g. -15.8 pence will become -15 pence.
(NB - Negative values denote a payment from Heart Telecom to the user)
I5.3 A minimum rebate amount must be achieved before a rebate can be claimed by the customer. The rebate threshold is set at £10 excluding VAT.
I5.4 Termination of an account while the rebate value is less than the rebate threshold will result in the loss of the rebate to the customer.
I5.5 Transferral of numbers from one account to another will be subject to an administration fee set at current rates.
I6. Termination

I6.1 You may terminate this Agreement in relation to the NGN Service on giving at least one month's notice, such notice to be effective no earlier than the end of the Initial Term. Where payment has been made for an annual service there will be no refund of such advance charges.

CUSTOMER NOTICE 
• Heart Telecom Limited which trades as "HEART TELECOM" is independent of BT. 
• You have agreed to purchase services from HEART TELECOM. 
• The Heart Telecom Services you are purchasing are provided on the terms of the Heart Telecom Customer Agreement and any Customer Application Form signed by you. 
We are committed to the following: 
• To explain the key terms of our Customer Agreement. 
• To explain to you that if you have chosen to take line rental services from Heart Telecom, Heart Telecom will provide your telephone line and call services from the switchover date (which we will confirm by letter in the next few days). 
• To explain to you that if you have chosen not to take line rental service from Heart Telecom, your current line rental provider will continue to provide those services and you will be billed separately by that provider for line rental. Heart Telecom will bill you for call services. In any event, you will keep your existing telephone line and number. 
• To explain to you that in any event, you will keep your existing telephone line and number. 
• To request your signature only if you agree Heart Telecom can provide Heart Telecom Services to you. 
• To leave you with a copy of the Heart Telecom Customer Agreement and a rates list. 
• To be courteous, presentable and professional at all times. 
What to do now: 
• If you have not done so already, you need to sign the Customer Agreement and Terms and Conditions 
• If you are taking the Heart Telecom Calls and Line Rental Service (including line rental), you do not need to do anything. If you are taking the Heart Telecom Voice Call Service only and you are currently a BT Together Option 2 or Option 3 user, you should let BT know you want to switch back to Option 1. 
Contact Heart Telecom 
Sales: 0845 644 0611
Tel: 0845 644 0611
Fax: 0845 644 0622
Email: support@heart-telecom.co.uk 
Heart Telecom Sales and Customer Service are available 9am to 9pm, 
7 days a week (except Christmas Day). 
HEART TELECOM,