Standard Top Up & Talk Terms and Conditions of Service

Overview of top up & talk agreement

We have set out below the key aspects of our relationship with you in respect of us supplying you with a telephony service. You should read through the agreement in detail, which follows this overview.

1. first:telecom will provide you with telecommunication services.

2. This agreement will commence when you start to use the services.

3. Either of us may terminate the agreement on 30 days notice.

4. To open or top up your account you can pay us by a credit or debit card.

5. Every time you use the service you are informed of the remaining balance on your account.

6. If you have any problem with the services you can contact our customer service department at customer.service@firsttelecom.com

PLEASE PRINT A COPY OF THIS AGREEMENT TO RETAIN FOR YOUR RECORDS.

1. The services we supply to you

These terms and conditions set out the terms on which Impello plc (registered in England and Wales under number 4558469 trading as first:telecom) (“first:telecom”; “we”; “us”; “our”) will provide telecommunications services to you. The service allows you to make telephone calls from any telephone number which is registered with us or via the use of your account and PIN number from any unregistered telephone number.

2. Commencement and duration of this agreement

This agreement shall commence on the date we notify you that your application for use of the first:telecom service has been accepted or your continued use of the service on receipt of this agreement. Either of us may end this agreement by giving the other 30 days prior written notice. We may end this agreement if in any period of one calendar month you do not make at least £1 worth of calls using the first:telecom service. At the end of this agreement you must immediately pay us all sums owing to us and return any of our equipment you may have. Any notice given in connection with this agreement shall be served by email or post (or recorded announcement for pre pay accounts) and will be deemed to have been received in two business days after dispatch or transmission.

3. Charges and billing

We will bill you for all calls made in accordance with the prices in our price lists for our first:telecom service and our call records. We reserve the right to change our prices at any time, without prior notice. We reserve the right to levy an administration charge for any additional services such as duplicated invoices or VAT receipts. These charges will be automatically charged to your account if you pre-pay or added to your bill if you post pay.

4. Pre pay services

You can pay by credit/debit card, or by other means at our discretion. Each time you use the service, the call charges will be deducted from the balance of your account. VAT will be charged on each credit you make to your account. Our ‘Auto-Top-up’ or ‘24-7 top up’ service is a mandatory part of the pre pay service. With Auto-top up, every time your account falls below £5.00 (or such higher amount as you agree with us), we will replenish your account by debiting your credit/debit card with the sum of £20 + VAT (£23.50) (or such higher amount as you agree with us). You confirm your continuous authorisation for us to do this. You must inform us if you wish to change the credit/debit card, which we debit, if any of the details given to us in respect of the card (including your address) change, if a new card is issued following expiry or if there is any reason why your credit/debit card company refuse to honour a payment.

Unless stated in any additional terms relating to a special offer or promotion, we will refund to you any sums credited by you to your account which remain unused if you close your account within six months of opening it, but only if there is a balance of at least £15 + VAT (£17.62) showing on your account at that time. Any refund is subject to an administration charge of £5 (including VAT). After the first six months of the account being opened, no sums are refundable. If you do not make a call within a 6-month period, we reserve the right to close your account and retain any remaining credit. You can make calls to destinations contained in our price lists but we do not guarantee that the service will be available to all destinations at all times. You may not be able to access our service from certain telephones. Certain telephone providers may allow you to access the service but may make their own charge to you for doing so. Please note the surcharge for calls made from overseas (whether by a 0800 number or otherwise), or from BT payphones. Details of surcharges are available from first:telecom customer services. Calls made using our ‘0207’ access number will be charged by the provider of that service in addition to our charges.

5. Free call credit

Free call credit is non-transferable, has no cash equivalency or redeemable value, and can only be used for making phone calls through first:telecom. Free call credit may be withdrawn by us at our sole discretion.

6. Maintenance

We will aim to give you at least 5 days’ notice before carrying out any maintenance of the first:telecom service that may affect you. We will aim to correct any defect or default in the services that you notify us of as soon as possible.

7. Responsibilities

You agree to use the first:telecom service in accordance with these terms and conditions, any instructions given by us from time to time and any laws, regulations and licences which apply to the use by you of the services and you agree to ensure that the equipment used by you to obtain access to the first:telecom service conforms with these laws, regulations and licences.

You agree not to use the first:telecom service to transmit any material which may be abusive, offensive, obscene, indecent, menacing, defamatory or which might cause annoyance, inconvenience, or needless anxiety to anyone, or to commit a fraud or other criminal offence. You also agree to inform us as soon as possible if any of the passwords or other confidential information that we have disclosed to you becomes known to any unauthorised user.

Any calls made from your registered telephone numbers will be charged to you whether or not you authorised the making of the call. Please inform us if you suspect any unauthorised use of the first:telecom service. We may end this service without giving you notice if you do not comply with your responsibilities set out in these terms & conditions. Please note that we reserve the right for those who provide the networks over which your calls will be carried to take action against you should you breach the obligations of this clause.

8. Suspension

We may suspend the first:telecom service:

To provide or safeguard any service to any emergency, rescue or other essential service or otherwise in a local or national emergency;
To comply with a request or instruction from a government or other competent authority;
If we suspect fraudulent or unauthorised use of the services;
To maintain the quality of services;
If we reasonably suspect that you will fail to pay any amount due to us (whether or not we have issued you a bill for it);
If an event beyond our reasonable control occurs; or
If you break any term of this agreement.

9. Liability

Neither of us shall have to compensate the other for any event beyond the other’s reasonable control. In this agreement, “beyond reasonable control” includes any act of God, war, military operation, riot, power failure or shortage, employee dispute, act or omission of government, highway authorities, other telecommunication operators or their equipment including access lines, or delay or failure in manufacture, production or supply of equipment by third parties. We will not have to compensate you for any unforeseeable indirect or consequential losses which you may incur under or in connection with this agreement including (without limitation) lost revenues, loss of anticipated savings, lost profits or other indirect, consequential or special losses nor for any charges incurred by you with another carrier. Without prejudice to this, our liability to you in contract or tort arising under or in connection with this agreement shall be limited to an amount equal to £5000 for any event or series of connected events. We do not limit or exclude our liability for death or personal injury resulting from our negligence or in respect of any other liability which can not be limited or excluded by applicable law.

10. Data protection

By using the first:telecom service you accept these terms and conditions. In relation to your Data Protection Rights, this means that you confirm your consent to first:telecom processing your personal data for the purpose of this Agreement and that you also consent to processing for the purposes of sending you information offering you products and services from time to time. You also consent to first:telecom offering you goods or services from other parties that we feel may be of benefit to you, on occasion. If you do not wish to consent to these matters please let us know by writing to us at first:telecom, PO Box 2087, Gloucester, GL4 3WS, and your details will be removed from any third party communication.

11. General

You may not transfer the service or any rights under it without our prior consent in writing. first:telecom may assign the benefit and/or the burden of this Agreement. If any provision of the service shall be invalid or unenforceable the remaining conditions shall continue to apply. These terms and conditions, our first:telecom price lists and any additional terms relating to any special offer or promotion contain the entire relationship between us. We may vary the service at any time. If there is any inconsistency between these terms and conditions and/or any special terms, the special terms shall take precedence. Any failure by either of us to enforce any right shall not be deemed a waiver of any such right.

These terms and conditions are governed by English law.