FreeCallsDirect Service Terms & Conditions

1.Meaning of certain words & Definitions
1.1. In these conditions (unless the context otherwise requires):
"the Contract" means the agreement between you and us made up of the following: your application to request Free Calls which you signed or agreed over the telephone, the Terms & Conditions contained in this Terms & Conditions document, the Service Guide and the Price List;
"the Services" means the ability for you to make telephone calls via our telecommunications network in accordance with the terms of the Contract;
"we" "us" and "our" means Breathe Internt Limited (registered in England under Company Number 06904784) of 3rd Floor, 207 Regent Street, London, W1B 3HH;
"Personal Data" has the meaning ascribed to it in The Data Protection Act 1998, as amended from time to time;
"Account(s)" means your FreeCalls account applicable to one telephone number for which you have chosen to receive the service;
"BT" means :British Telecommunications plc;
"Billing Period" means any period which we may bill you in respect of from time to time;
"Call(s)"means Calls (including voice, fax, data and/or text) from your property which is routed from your local exchange over the fixed telecommunications systems run by BT and/or one or more Network Operators;
"Charge(s)" means the charges which you have to pay for FreeCalls set out in the Price List;
"Commencement Date" means the date upon which your calls are carried by our telecommunications network, as communicated to you by us;
"Password" means any word you have defined by which we can validate your identity to enable you to access protected details about your account;
"Carrier Pre-Select" means a service that enables customers to use telephone providers other than BT more easily, without having to dial any extra numbers or use an adaptor. CPS means you can chose different phone companies using your existing BT line;
"Cooling-off period" means a period after you request service where you have the right to cancel your Contract under paragraph 3;
"Network Operator" means any person(s) authorised or permitted to run a telecommunications system over which we provide FreeCalls;
"Credit Limit" means a limit on the Charges you can incur by making Calls in any billing period;
"Working Hours" means the hours 9:00am to 5:00pm Monday to Friday but not including public bank holidays; and
"you" and "your" means the person named in the application process and/or, where the context requires, it includes a person we reasonably believe is acting on that person's authority.
1.2. Words in the singular shall include the plural and vice versa and references to legal persons shall include natural persons and vice versa.
1.3. The headings in these conditions are intended for reference only and shall not affect their construction.

2. The Services
2.1. We will provide you with the Services in accordance with the Contract.
2.2. The Services do not include the provision of any line rental; telephones or other equipment and we do not provide a maintenance service.
2.3. We shall provide the Services with the reasonable care and skill of a competent telecommunications service provider.
2.4. All times, dates and periods given for performance of the Services are given in good faith but without any responsibility or liability to you or any third party in the event of a failure to perform on our part.


3. Length of the Contract
3.1. The Contract shall begin on the "Commencement Date" and shall continue until terminated by either you or us under Clause 10.2. 10.9 or 12.

4. Your use of the Services
4.1. You agree not to use the Service:
4.1.1. as a means of communication for a purpose other than that for which the Services are provided, in an unauthorised way or for criminal activities;
4.1.2. for making calls or sending data which are a nuisance, abusive, a hoax, menacing or indecent (including to the operators who deal with enquiries concerning the Services) or making calls or sending data which is racist, obscene, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful, or you allow others to do these things or is of a nature which if transmitted would constitute a criminal offence;
4.1.3. to do anything (or allow anything to be done) which we think may damage or affect the operation of our telecommunications networks;
4.1.4. to cause annoyance, inconvenience or needless anxiety; or
4.1.5. for any purpose which we may reasonable notify you of from time to time due to the introduction of new legislation.
4.2. You must comply with any instructions we give you about the Services.
4.3. You shall ensure that any equipment connected to or used with the Services is connected and used in accordance with any applicable instructions, safety or security procedures.
4.4. Alarm signals can be carried across the network, however we are not responsible for lack of service or failure to deliver an alarm signal due to:
4.4.1. the network going down;
4.4.2. suspension of your account under Clause 8;
4.4.3. failure arising from any misuse of the phone line or telephone equipment; or
4.4.4. for reasons outside our control (including, without limitation, if there is a technical failure of the network, because the network is being tested, modified or maintained or if access to the network is denied to us).
4.5. You agree to indemnify us for all losses, fines, damages, claims, costs and expenses suffered or incurred by us arising from or in connection with your use of the Services in breach of Clauses 4.1 or 4.2.
4.6. FreeCallsDirect is a service that is made available to you for personal and commercial, business purposes. If you use the Services for business purposes you agree to indemnify us against any claims that anyone (other than you) threatens or makes against us because the Services are faulty or cannot be used by them.
4.7. You agree that you shall not sell on or supply the Services to anyone else on a commercial basis.
4.8. If you choose to manage you account online, it is a condition of this Contract that you provide us with a current email address for billing purposes and that you maintain this address and advise us promptly of any changes to it. It is your responsibility to verify that your mailbox is in proper working order and you must assume the risk of all consequences for errors in sending and receiving email, unless caused by our negligence.
4.9. You may have only two phone lines on each Account. You must keep confidential all Passwords you have nominated in connection with your Account(s). We cannot disclose information about your account to anyone until we are satisfied as to his or her identity, and they have correctly quoted the Password to us.

5. Use of your information
For the purposes of this clause "Breathe Group" means Breathe Internet Ltd and any company or other entity in which Breathe Internt Ltd owns (directly or indirectly) more than 15% of the issued share capital.
5.1. We may hold information that you provide to us (such as on an application or registration form) or that we may obtain from another source (such as our suppliers, marketing organisations or credit reference agencies). This information ("Your Information") may include your name, address, date of birth, gender, telephone numbers, email address, bank and credit/debit card information, occupation and employment data, lifestyle information and details of how you use the Services which may include the numbers you call, the type, date, time, location, duration, cost of calls, messages or other communications, the addresses you send messages to, together with general information about the way you pay and manage your account.
5.2. Your information may be held and used by us for a number of purposes and we may use third parties to support us with purposes which include, without limitation:
5.2.1. processing your orders or applications; administering your account and billing; settling accounts with those who provide related services to us; disclosing your data to banks and debit and credit card companies to validate your debit or credit card details; dealing with requests, enquiries or complaints and other customer care related activities; debt recovery (also using recovery agents and agents facilitating to contact you) and legal actions and all other general administrative and business purposes.
5.2.2. carrying out market and product analysis of Your Information to develop and improve and to tell you about our products and services, new developments, special offers, discounts and awards which we believe may be of personal interest to you. We may tell you by automated means or otherwise, including by email, fax, mobile text message, MMS, telephone, post and via world wide web, WAP and similar sites subject to any preferences indicated by you at the time you apply to enter into this Contract or subsequently; contacting you about the products and services of carefully selected third parties and allowing you to receive advertising and marketing information from those selected third parties but without passing control of Your Information to the third party concerned;
5.2.3. inclusion in a telephone directory in printed/electronic format (for example, your local BT directory), a telephone directory available on the internet or world wide web and a directory enquiry service operated by us or by a third party but only where you have consented to this;
5.2.4. carrying out any activity or disclosure in connection with a legal, governmental or regulatory requirement on us or in connection with national security, legal proceedings and for the prevention and detection of crime or fraud and the prosecution of offenders or suspected offenders;
5.2.5. carrying out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer.
5.3. Credit Checking and account collections
5.3.1. We may also use the information you supply to carry out credit checks to help decide whether to accept your application or future applications, and to verify your identity and to protect our legitimate interests. This may involve searching information held about you by licensed credit reference agencies who will record details of the search and your application.
5.3.2. We may use a combination of credit scoring and/or automated decision making systems when assessing your application.
5.3.3. If you proceed with an application we may subsequently disclose details to credit reference agencies of your agreement, the payments you make under it, account balances and information about any default, dispute, queries and debts. We may also disclose details of any reported change of address or changes of which we become aware. We may also check and share your details with fraud prevention agencies who will record details of any false or inaccurate information provided by you or where we suspect fraud.
5.3.4. The information may also be used by us, credit reference agencies and other organisations to:
5.3.4.1. help make decisions about other credit applications by you or other members of your household with whom you are linked financially; and
5.3.4.2. trace debtors, recover debts, prevent money laundering and to prevent and detect fraud.
5.3.5. Information held about you by the Credit Reference Agencies may be linked to records relating to your partner. Under certain circumstances, you may be entitled to request that you and your partner are financially independent and your application may then be assessed without reference to any "associated" records, although you recognise that this may adversely affect the outcome of your application. You believe that there is no information relating to your partner that is likely to affect our willingness to offer financial services to you. You authorise us to check the validity of this declaration with credit reference agencies and if we discover any associated records, which would affect the accuracy of this declaration we may decide not to proceed with the application on this basis.
5.3.6. Records held by Fraud Prevention agencies may also be shared with other organisations to help them make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for you and members of your household.
5.3.7. If you do not become our customer or if your application is declined we will continue to hold information about you for the purposes of dealing with customer enquiries, complying with any legal obligation and for crime and fraud prevention and detection.
5.3.8. You can ask us at any time for details of the credit reference and fraud prevention agencies to whom your information is disclosed and obtained from however we will not be able to provide you with any information relating to reasons for your failure to pass the credit scoring or automated decision making systems operated by these agencies or other information held by such agencies. If requested we may be able to give you details of the sorts of information we take into account when assessing an application.
5.4. We may share Your Information with:
5.4.1. companies within the Breathe Group for the purposes described in these terms and conditions; and
5.4.2. in the event that we undergo re-organisation or are sold to a third party, you agree that any personal information we hold about you may be transferred to that re-organised entity or third party for the purposes and subject to the terms of this Contract; and
5.4.3. Breathe Internet Ltd (Company Registered Number 06904784) whose registered office is situated 3rd Floor, 207 Regent Street, London, W1B 3HH
5.6. A comprehensive description of how we use personal information is publicly available from the Data Protection Commissioner - please see www.dataprotection.gov.uk.
5.7. If you would like us to tell you what information we hold about you, please write to us c/o The Data Controller, Breathe Internet Limited, 3rd Floor, 207 Regent Street, London, W1B 3HH. We may charge a 10.00 administration fee; please quote your full name, address, phone number and account number on all requests. You can also call us on 0871 425 0185 to correct or update any inaccurate or incomplete information and to advise Breathe of any preferences you may have concerning how you can be contacted for marketing purposes or to indicate your preferences for directory entries.
5.8. If you do not wish your details to be used for the purposes described in Clauses 5.2 and 5.4 please write to us at the above address stating your full name, address, account number and phone number. Please note: this will not affect any marketing consent which you have already given to any of the companies referred to in this Clause 5 in respect of agreements relating to other products and/or services.
5.9. If you provide us with any information about any other individual, such as another user of our services, it is your responsibility to ensure that that other individual consents to, and is made aware of, the use of their information by us for the purposes set out in this Clause 5.

6. Provision of Information
6.1. The Customer undertakes to promptly provide us, free of charge, with all information and co-operation that we may reasonably require to enable it to proceed without interruption with the performance of its obligations under this Agreement.

7. Telephone line and connection
7.1. You acknowledge that the telephone line and connection are provided by British Telecommunications plc ("BT"). If there is a fault with either the line or the connection we advise you to contact BT and BT should repair and maintain the line and connection in accordance with the terms and conditions of your agreement with it. You will remain responsible for all charges made by BT relating to your telephone line and connection (together with any repair and maintenance charges (unless caused by our negligence)).
7.2. We will endeavour to connect you to the Service by the date we have agreed with you, but we do not guarantee to do so. If you place an order for an additional service or otherwise instruct us to change the Service (i.e. to bar calls) we will use reasonable endeavours to complete your order as soon as possible but our ability to do so may be affected by circumstances outside our control and there may be a delay in your order being completed. We will not be liable to you for any costs, expenses or claims arising directly or indirectly out of such delay.
7.3. You give us your authority to act as your agent in choosing carrier pre-selection on your behalf and to notify BT of any change of carrier from time to time on your behalf.

8. Suspension of Services by us
8.1. We may suspend immediately the provision of the Services to you until further notice without compensation (such notice to be either oral or written) in the event that:
8.1.1. we are reasonably aware or suspect that you are in breach of Clause 4;
8.1.2. we are reasonably aware or suspect that you are in breach of Clauses 10.8 or 10.9 and have not remedied the breach within 7 days of being given notice that you are in breach and being reminded to pay your bill from us;
8.1.3. you exceed the Credit Limit set out in clause 10.3; or we are obliged to comply with an order, instruction or request of the UK Government, and emergency services organisation or other competent authority.
8.2. If we suspend the Services under Clause 8.1.1 or 8.1.2 or 8.1.3 only, you shall reimburse us our costs and expenses reasonably incurred by our suspension of the Services and/or the recommencement of the provision of the Services to you.
8.3. If we exercise the right to suspend the Services this shall not affect our right to terminate the contract under Clause12.

9. Liability
9.1. Nothing in these terms shall exclude or limit our liability for death or personal injury caused by our negligence or that of our agents, or for any liability arising under Part I of the Consumer Protection Act 1987.
9.2. Nothing in this Contract shall impose any liability on us in respect of non-performance or Services that are not performed in accordance with the Contract where such non-performance is directly due to your acts, omissions, negligence or default.
9.3. We shall not be liable for any loss that is not reasonably foreseeable nor any loss calculated by reference to profits, income, or business or loss of such profits, income, or business or for any loss of data or goodwill.
9.4. We are responsible for direct losses you suffer as a result of us breaking this Contract with you if the losses are a foreseeable consequence of us breaking this Contract. Our liability to you in relation to FreeCalls is limited to 150 for each Account that is affected.
9.5. We agree that we shall be liable to you if the Services are not available for a continuous period of 18 hours or more in any one day and that unavailability is due to our fault. For each day that is so affected our liability shall be limited to the sum of 5% of the charges incurred in the average month during the previous quarter. Such liability will be paid by us as a credit against your future bills. Our aggregate liability (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed 500 for any one incident or series of related incidents.
9.6. We Agree the service is provided by Breathe Internet Ltd only and in no way is Breathe Internet Ltd liable for any loses or acting as a guarantor.

10. Charges and Payment
10.1. The charges for the Services shall be in accordance with our current price list from time to time (to obtain a copy please contact us on 0871 425 0185) and shall be effective from the Commencement Date.
10.2. We shall be entitled to amend our price list from time to time and we will notify you of such changes by posting an amended price list on our website at www.feecallsdirect.com. If the rates are decreased such decrease will be reflected in your next bill. Should we increase the charges we shall provide you with 15 Working Days notice of such increase and the increase will take effect from the end of that period. In this instance you may be entitled to terminate this contract at any time on providing us with 10 Working Days notice, such notice to expire before the price increase takes effect.
10.3. Your account is limited in any one month to an amount that will be set at the time of your application ("Credit Limit"). We may lower your Credit Limit at any time. We may suspend your service if your Credit Limit is exceeded. On request we may agree to raise your Credit Limit.
10.4. If you exceed your Credit Limit your outgoing calls will be suspended.
10.5. As our billing system is not instantly updated each time you make a call, it is possible to exceed your Credit Limit. You will be liable for all charges incurred, including any charges in excess of your Credit Limit, and will be asked to pay any charges in excess of your Credit Limit before Services are reinstated.
10.6. Charges will be calculated using details logged and recorded by us.
10.7. We may ask you to pay a Security Pre-payment at any time if you do not meet our credit criteria or if it is otherwise reasonable for us to do so, if we have incurred a loss because of your failure to comply with this Contract.
10.8. The Security Pre-payment will be credited to your Account and will be used to cover the Charges you incur using the service. When this amount has been used we will ask for another Security Pre-Payment, or a bar will be set up on these Calls.
10.9. If we decide you no longer need to provide a Security Pre-payment or be restricted by a Credit Limit, we will tell you.
10.8. We shall prepare and send to you a bill every month detailing charges for the previous month. The bill shall be payable within 14 days of receipt.
10.9. All bills shall be paid by way of Direct Debit or credit/debit card If you do not maintain your payments, you must pay by another method. We may contact you for your credit card details if you fail to make payments by direct debit. If direct debit payments continue to fail on a regular basis, we may cancel your Contract.
10.10. If a Direct Debit is dishonoured or cancelled we shall be entitled to pass on to you any fees which we incur (the amounts of which are available on request) which may include third party charges and in addition we may lower your Credit Limit in accordance with Clause 10.3, suspend or terminate your Service. We shall also be entitled to charge you a monthly administration fee (the amount of which is 25) for each month in which your Direct Debit is dishonoured or not reinstated following cancellation. Details of our current charges are available by contacting Customer Services on 0871 425 0185.
10.13. We may charge you interest both before and after judgement at a rate equal to 2% above base rate from time to time of Lloyds TSB Bank plc on the late payment of our bill. Interest is charged on a per annum basis, calculated daily.
10.14. We reserve the right, at our absolute discretion, to change the tariff you are on at any time for reasons including, but not limited to, a breach by you of Clauses 4.1 and/or 4.2; where you are using the Services for purposes that we consider, in our reasonable opinion, are not in keeping with those reasonably expected of a residential customer; or where the Services are being used for business purposes. 10.15 If when your application is submitted to BT the data you have supplied is incorrect or spelt wrongly they will reject the CPS provision. In such case a charge of 5 will be levied to your account and will be charged on the next bill date.

11. FreeCalls
11.1. Eligible Calls on all our tariffs between Active Customers shall not be charged for the first 60 minutes of each call (FreeCalls). Thereafter our standard rates (charged in accordance with the provisions of Clause 10) on the relevant tariff will apply for all minutes (or part minutes) in excess of 60 minutes.
11.2. The provisions of Clause 11.1 above shall apply to Eligible Calls (excluding calls of the type described in Clause 11.5) between Active Customers. An Active Customer is a customer who is able to use the Services and this shall be deemed to apply from 12 midnight on the day before a customer's Commencement Date.
11.3. For the purposes of this Clause 11, "Eligible Calls" means all calls made by customers who have been notified that they are eligible to benefit from FreeCalls.
11.4. FreeCalls is only available to UK residential customers who use us as their sole call provider (as far as is possible under the Breathe Internet Limited service).
11.5. FreeCalls is only available for voice (not Data or Internet) calls and cannot be used for calls made to premium rate, international, mobile or 0845 and 0870 numbers or in conjunction with a call divert facility.
11.6. We reserve the right to withdraw FreeCalls from any customer at any time at our sole discretion.

12. Ending your Contract at any time
12.1. In addition to the rights of termination provided by Clause 10.2 and Clause 12.3 You may end your Contract with us by writing to Customer Services (see address at the start of this document) stating your choice of new provider. We will confirm that we have received your request to end your Contract and that FreeCalls will no longer be available to you within 14 days from the date we receive your request.
12.2. In addition to the rights of termination provided by Clause 12.3, we may terminate the Contract at any time on providing you with 30 days written notice.
12.3. Notwithstanding any provision of the Contract, either you or we (without prejudice to our other rights) may terminate the Contract by giving notice in writing to the other, in the event that:
12.3.1. you do not pay a bill on time; or
12.3.2. you break an important term of your Contract with us (for example, you do not comply with paragraph 9); or
12.3.3. the other is in material breach of any provision of this Contract and (where such breach is remediable) fails to remedy that breach within 14 days of written notice from the innocent party specifying the nature of the breach; or
12.3.4. the other is subject to bankruptcy or insolvency proceedings or makes any arrangements or composition with or assignment for the benefit of its creditors, or if it goes into either voluntary (otherwise than for reconstruction or amalgamation) or compulsory liquidation or a receiver or administrator is appointed over its assets.
12.3.5. we are no longer able to provide FreeCalls to you despite making all reasonable efforts to do so.
12.4. If the Contract is terminated you shall immediately pay us all outstanding charges for your use of the Services up to the date of the termination.
12.4.5 we reserve the right to cancel your FreeCalls membership at any time, with immediate effect if the telephone line in question is deemed to be not used for voice calls. This is determined over a two month period with less than 5 worth of calls in each calendar month.
12.5. If you change you mind after you have signed up for our services, you can tell us that you would like to cancel however there is a charge of 5 for cancellation within the first 30 days of service. Please let us know you wish to cancel at any time before the end of 30 days from the date of signing the services agreement by writing to Customer Services (see address at the start of this document). Once you use our services to make a Call, your cancellation right under paragraph 12.5 ends, but you can still end your Contract under paragraph 12.1., 12.3.

13. Matters beyond reasonable control
13.1. Neither you nor we shall be liable to the other for any loss or damage which may be suffered by the other due to any cause beyond its reasonable control including without limitation any act of God, inclement weather, failure or shortage of power supplies, flood drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, any act or omission of Government, highways authorities, other public telecommunications operators or other competent authority, war, act of terrorism, civil disorder or military operations.

14. Transfer
14.1. You may not transfer the whole or any part of the Contract without our prior written consent.
14.2. We reserve the right to assign, subtract, transfer or otherwise deal with the whole or any part of the Contract at any time.

15. Complaints
15.1. We want to give you a great service. However, if you are unhappy with any aspect of our service then please contact Customer Services team during Working Hours by dialling 0871 425 0185. If you are still not happy, please ask to speak to a manager. If you would like to write to us with your complaint, please write to Residential Services, Breathe Internet Limited, 3rd Floor, 207 Regent Street, London, W1B 3HH. Please include your phone number in any correspondence.
15.2. If you remain unhappy or you think that we have not dealt with your complaint satisfactorily, you can refer your complaint to Ofcom (Ofcom Contact Centre, Riverside House, 2a Southwark Bridge Road, London, SE1 9HA. Phone: 0845 456 3000. Fax: 020 7981 3333. www.ofcom.org.uk), the regulator for the telecom industry.
15.3. Before you contact Ofcom please make sure you have details of why you are still unhappy with the answer given by us.

16. General
16.1. We may change these terms and conditions at any time. To the extent that such changes are to your significant disadvantage or relate to an increase in the charges, we will give you notice of such changes by writing to you and/or publishing them on our website www.freecallsdirect.com
16.2. The Contract sets out the whole agreement between you and us for the provision of the Services and supersedes all prior arrangements, understandings and agreements between you and us.
16.3. If any particular clause of the Contract shall be or be held to be invalid or shall not apply to the Contract the other clauses shall continue in full force and effect.
16.4. Save as otherwise provided in this Contract, any bill, notice or other document which may be given by either you or us under this Contract shall be in writing and shall be deemed to have been given if left at or sent by post to you at the address stated in your application or any other UK address you supply to us for this purpose, or to us at the address given on your last monthly bill. Such document shall be deemed to have been delivered immediately (if delivered by hand) or 48 hours after posting (if sent by first class post). References in this agreement to "in writing" also include by SMS (where applicable), which must be sent to your mobile phone number and by email, which must be sent to us, at the address we notify to you by email, or to you, at the address stated in your application or any other email address that you supply to us for the purpose and notices given by SMS or e-mail shall be deemed to have been delivered the day after the day the notice is sent.
16.5. Monitoring or recording of your calls may take place for our business purposes, such as quality control and training, to prevent unauthorised use of our telecommunications systems and to ensure effective systems operation and in order to prevent or detect crime.
16.6. We make every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control.
16.7. Failure by either you or us to exercise or enforce any right conferred by statute or the Contract shall not be deemed as a waiver of any such rights nor prevent the exercise or enforcement of such rights at a later date.
16.8. Except in the case of any permitted assignment of this Contract under clause 14.2, a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any clause of this Contract.
16.9. The Contract shall in all respects be governed by and construed in accordance with English law and both you and us agree to submit to the non-exclusive jurisdiction of the English courts.

Copyright © 2007-2011 FreeCallsDirect part of the Breathe Internet Group.
Breathe Internet Ltd - 3rd Floor - 207 Regent Street - London - W1B 3HH - registered in the England number 06904784
*terms and conditions apply