Terms and Conditions
Full terms and conditions for Telecoms World services - contracts, payments, equipment, cancellations, warranties and service agreements.
1. Definitions and Interpretations
1.1 In the contract, unless the context otherwise:
"Access Numbers" also referred to as Virtual Numbers, means any non-geographic numbers (0800, 0845, 0333, 090 etc.) allocated to the customer's account for the purpose of inbound calls.
"Additional Service(s)" shall have the meaning given to them in clause 4.1.
"Administration Charge" means any charge we levy for administrative costs as determined by us from time to time or as specified within a tariff or otherwise notified to you.
"BT" means British Telecommunications plc.
"Charges" means connection charges, usage charges, fixed charges, rental charges, set up charges, installation charges, activation charges, engineer's charges, disconnection charges, reconnection charges, cancellation charges, administration charges periodic charges and other charges to be paid by you for the services calculated in accordance to the pricing and rates set out in our tariff or otherwise notified to you.
"Commencement Date" shall have the meaning ascribed to it in clause 16.1.
"Company", "we" and "us" refers to Telecoms World.
"Conditions" means these Conditions for Terms and Conditions of communication services.
"Contract" means the contract for the supply of services made between us and you, subject to these conditions.
"Customer", "you" and "your" refers to the person with whom we contract to supply the services and whose details are set out on the order confirmation email.
"Customer Equipment" means any equipment, including any communications apparatus, system or software, which is owned or controlled by you.
"Customer System" means any communications and/or other equipment operated by you and used in connection with the services and/or service equipment, whether supplied by us or a third party.
"Initial Connection" means the time and date when the services are first made available to you.
"IPR" means any and all intellectual property rights whether existing now or in the future, including but not limited to all patent rights, trademarks, copyright, design rights, database rights, rights in inventions, semiconductor topography rights, know-how, or any similar rights exercisable in any part of the world (whether registered or unregistered).
"Minimum Spend" in relation to services provided before 2008, means in relation to each service, the periodic minimum spend commitment as outlined in the order confirmation agreement, constituting the minimum amount you agree to pay to us within the period set out in the applicable order confirmation agreement for that service regardless of your actual use of the service.
"Minimum Term" means the minimum initial period of service provision for each service, as set out in the order confirmation agreement for each service.
"Network" means electronic communications systems run by or on behalf of us, or procured by us for the purpose of providing the service.
"OFCOM" means the Office of Communications.
"Off-Peak" means calls between 18:01 to 07:59 Monday to Friday and Weekends (including bank and public holidays.)
"Order Confirmation" means the confirmation email send by Telecoms World to you for acceptance of the supply of all of the listed products and services from us.
"Peak" means calls between 08:00 to 18:00 Monday to Friday (excluding bank and public holidays.)
"Annual Service Charge" means any Charges (excluding Administrative Charges) that are billed on a recurring basis and which do not vary on usage of the services.
"PSA" means Phone-paid Services Authority
"Premium Rate Service" means telephone services providing information, advice, entertainment or any other services defined from time to time by PSA as being Premium Rate Service.
"Service" or "Services" means all or part of the services identified in the order confirmation agreement or order form and any related services that we agree to provide to you under the contract.
"Service Agreement" means (i) where you place an order with us by telephone, the confirmation of order accompanying these conditions, or (ii) where you place a written order, the document you sign when you become our customer, in each case detailing, amongst other things, the services you wish to receive, the minimum period you wish to receive the services for and the tariff at which you will be charged and which forms part of this contract.
"Service Equipment" means the equipment supplied to you by Telecoms World
"Site" means your premises where the Services are to be provided, as set out in the order confirmation agreement.
"Tariff" means our tariff/package referred to in the order confirmation agreement and as amended and notified to you from time to time.
"WLR" (Wholesale Line Rental) means that we will invoice you for the line rental and outbound calls of your outbound line(s). Openreach will continue to maintain your line and fix any faults that may occur.
"Working Hours" means Monday to Thursday 09:00 – 17:30 and Friday 09:00 – 17:00, excluding any public or bank holidays.
1.2. In the Contract, unless the context otherwise requires:
1.2.1. Words in the singular include the plural and vice versa and words in one gender include any other gender;
1.2.2. A reference to:
(a) Any party includes its successors in title and permitted assigns;
(b) A "person" includes any individual, firm, body corporate, association or partnership, government or state (whether or not having a separate legal personality);
(c) Clauses, paragraphs and schedules are to clauses and schedules of these Conditions; and
1.2.3. The headings are for convenience only and shall not affect the interpretation of these Conditions.
2. Provision of the Services
2.1. We will provide, and you will use, the Services in accordance with these Conditions.
2.2. We will exercise the reasonable care and skill of a competent telecommunications service provider in the performance of our obligations under the Contract and will use reasonable endeavours to supply the Services to you and where necessary, to deliver and install the Service Equipment by any date agreed between the parties. All dates are estimates only and we will not be liable for any failure to provide a Service or to install any Service Equipment by any agreed date.
2.3. We will be entitled at any time and without liability to modify, expand, improve, maintain or repair the Services or any of its systems, including suspension of the same in whole or in part pursuant to clause 15, provided that we use reasonable endeavours to notify you in advance and to minimise any disruption to the Services.
2.4. It is impossible to provide the Services free from faults or interruptions and we do not undertake to do so. For services which are affected by a fault, this does not void any agreed contract terms for the service. Faults must be reported to the Support Team and will be managed from the date reported to us.
2.5 From time to time we may need to substitute an ordered Number for an alternative Number prior to the Initial Connection and will advise you accordingly before the Initial Connection. You must not market any ordered Number before the Initial Connection. We will not be responsible for any marketing costs whatsoever, should an ordered Number need to be substituted.
2.6. Our delivery times for inbound services are up to five working days. Our delivery times for outbound services are up to twenty-one working days, and delivery times or VoIP services are up to fourteen working days. The port of a number/s and or services can complete within 14 days.
3. Use of the Services
3.1. You must (a) promptly provide us free of charge with all information and co-operation that we may reasonably require and (b) comply with our reasonable instructions regarding the use of the Services and/or Service Equipment.
3.2. You must not use or permit anyone else to use the Services:
3.2.1. For any unlawful, fraudulent, illegal or immoral purpose;
3.2.2. To cause annoyance, inconvenience or nuisance;
3.2.3. To send, knowingly receive, upload, download, use or re-use any material, message or communication which is offensive, abusive, indecent, defamatory, obscene or menacing;
3.2.4. To spam, send or knowingly receive unsolicited advertising or promotional material;
3.2.5. In contravention of any legislation, licence, code of practice, instructions or guidelines issued by any regulatory authority or in contravention of a third party's rights;
3.2.6. In a way which we, acting reasonably, consider is, or is likely to be, detrimental to the provision of the Services to you or to other customers or to customers of our suppliers, or in a way which could adversely affect the Network;
3.2.7 In a way that does not comply with any instructions given by us to you under sub-clause 3.1
3.2.8. To obtain access, through whatever means, to restricted areas of the Network; or
3.2.9. In a way which (in our reasonable opinion) brings our name into disrepute, or which places us in breach of our legal or regulatory obligations.
3.3. You accept that you do not own any telephone number(s) provided to you and that the Contract is personal to you. Therefore, you have no right to sell or to agree to transfer the number(s) provided to you for use with the Services and you must not do so or attempt to do so without authorisation from us.
3.4. You also accept that we have the right to reallocate to a third party any numbers that are provided to you for use with the Services but that you do not use for a period of six (6) months.
3.5. If you wish to cancel your number, that number will be put in quarantine for a period of 6 months during which time it may not be used by anybody and the number will thereafter be re-advertised. We request that all marketing campaigns using the number and be ended and promotion materials disposed of.
3.6. Openreach line installations placed through Telecoms World will be added to the telephone book published by BT for your local area, and your phone number will be made available to BT's directory enquiries database. We will place your name, address and the telephone number(s) for your business into the British Telecoms systems at the time of installation. If you do not want us to list your business or have preferences on the information given; please call 0800 043 0800 (Option 2).
3.7. If you want a special entry in the telephone book you must let us know. Where we agree to a special entry you will be liable to pay an extra charge and sign a separate agreement for that special entry.
3.8. It is your responsibility to verify that all directory entries are correct and remain correct. Other than where the error is as a result of our negligence, we accept no liability for any errors, nor are we liable for any costs, financial losses or disputes that may arise from any omission or inaccuracy in the entry.
3.9. Prior to providing the Premium Rate Service, you must ensure that you obtain all necessary licenses, authorities and approvals from PSA, OFCOM and any other regulatory body relevant to the Premium Rate Service and thereafter maintain such licenses, authorities and approvals throughout the Contract.
3.10. TW, have the right to suspend services, or withhold rebates if a customer does not comply with the PSA, OFCOM or any other authorities relating to the service.
3.11. TW operate a fair use policy on the WLR Anytime Unlimited tariff, 2,000 minutes.
3.12. Call Analytics Plus service is provided under the agreement that you abide by the specific terms and conditions which are designed to ensure use of this information as per the Data Protection Act. Any data Telecoms World provides you in relation to the Calling Line Identity (CLI) of the dialling party on any CDR files linked with the Call Analytics Plus service you agree to not utilise this CLI data for marketing purposes or attempt to contact any caller to sell or promote any service or product. Furthermore you will not make this CLI data available to any third-party outside of your organisation.
3.13 The contract for an WLR line installation commences from the date that the line has been installed. Once the line has been installed into the property, any agreed contract terms automatically begin.
3.13.2 The contract for a broadband service commences from the date that the broadband has been installed. Once installed into the property, any agreed contract terms automatically begin.
3.14. Use of the Services shall be subject to our Code of Practice.
3.14.1 The minimum period for service is 12 months from the Initial Connection. Your Agreement will continue over to another 12, 24 or 36 month contract, dependent on your initial Contract term, after the expiry of the Initial Connection unless and until:
3.14.2 Thirteen months after the initial connection, a 20% increase in the monthly rental will apply to all inbound services.
3.14.3 It is terminated by either TW giving written notice to terminate the Agreement on the penultimate month of any Contract or by the customer submitting a request via our cancellations form to cease the services.
4. Additional Services
4.1. You may order new Services and/or request us to expand any existing Services (the "Additional Services") at any time. Subject to clause 4.2, any order for Additional Services will be deemed accepted by us and be incorporated into the Contract on the earlier of: (i) the date on which you are notified in writing that the order has been accepted by us; or (ii) the date on which the Additional Services are first made available to you.
4.2. Prior to the Additional Services being made available to you, you must accept an Order Confirmation and/or complete such other documentation as may be required by us relating to the Additional Services. Customers may cancel or cease additional services within 14 days.
5. Equipment
5.1. If it is necessary to install Service Equipment you must, at your own expense and in accordance with any instructions given to you by us, in advance of installation:
5.1.1. Obtain all necessary consents and licences including consents for any alterations to buildings;
5.1.2. Provide a suitable environment including all necessary floor space, trunking, conduits, cable ducts, utility supply and electrical connection points;
5.1.3. Ensure that all devices, equipment or plant necessary to connect the Service Equipment to the Customer System are provided;
5.1.4. Carry out all necessary preparatory work and make good any such work after installation.
5.2. All Customer Equipment and/or the Customer System must be:
5.2.1. Technically compatible with and must not interfere with the Services;
5.2.2. In proper working order;
5.2.3. Compliant with all applicable standards and approvals for network connection; and
5.2.4. Used in compliance with all relevant instructions, safety and security procedures, standards or laws.
5.3. All Rental Equipment supplied to you will remain our property at all times. You will be liable for any loss or damage to the Rental Equipment however incurred, other than normal wear and tear.
5.4. With respect to any Sale Equipment supplied to you, we will use reasonable endeavours to pass on the benefit of any manufacturer's warranty to you.
5.5. You must notify us within 14 days of delivery of any faults in or damage to the Sale Equipment.
5.6. Risk in the Sale Equipment will pass to you on delivery. Therefore, it is your responsibility to look after the Sale Equipment.
5.7. You will not own the Sale Equipment until you have paid us in full in cleared funds.
5.8. Once a contract with Telecoms World has been cancelled, any hardware supplied by Telecoms World is no longer on our network and will not be supported by us in any way.
6. Site Access and Repairing Faults
6.1. You must grant us and our sub-contractors access to the Site during Working Hours upon request.
6.2. You must provide a suitable and safe working environment for us and our sub-contractors.
6.3. In the event of a fault affecting a Service you should report the fault to us in accordance with the standard procedures set out in the relevant Service Agreement.
6.4. If you report a fault which cannot be rectified remotely we may arrange for an engineer to attend the Site. We reserve the right to charge you an additional sum for this visit.
6.5. During any fault investigations, we may require you to carry out tests and provide us with the results.
6.6. We will have the right to recover all reasonable costs incurred in investigating or remedying any fault with a Service where it is caused by your negligence or default.
6.7. You will be responsible for all Charges incurred whilst any Service is unavailable due to any fault.
7. Charges
7.1. You will be liable for all Charges incurred for each Service from the Commencement Date.
7.2. The frequency with which we will bill you for the Services and your payment responsibilities are set out in the Service Agreement.
7.3. Annual service charges will apply to all services without a monthly or quarterly rental charge.
7.4. The Charges will be calculated by reference to the Tariff provided to you.
7.5. All calls generated outside a bundle are subject to a connection charge per call unless otherwise stated.
7.6. Unlimited broadband packages are all subject to a 50GB cap. Excess usage is charged at £1.50 per GB.
7.7. VoIP call recording is subject to a monthly storage rental dependent on usage.
7.8. Where Periodic Charges are incurred for a period less than the relevant charging period, they will be pro-rated.
7.9. Where any Services are provided to you on a trial basis, you must give us notice in writing if you wish to cancel at the end of the trial.
7.10. Where you fail to comply with clause 5.1 and/or clause 5.2, we may charge you for an aborted visit.
7.11. You will be billed for the full market value of any handset, headset or Power Over Ethernet equipment that is damaged or lost.
7.12. If you miss an arranged appointment for an Openreach line installation, you will have to pay a missed appointment fee of approximately £99 per line.
7.13. Free connection is only available in respect of outbound products and services if you enter into a 36 month Contract.
7.14. If we agree to change a Tariff the Term of your Contract will be renewed.
7.15. All Charges are subject to change by our giving not less than 30 days prior written notice to you.
7.16. With respect to IP Phones:
7.16.1. You will incur a charge of £25.00 per message recorded by a professional voice artist.
7.16.2. Set-up assistance, training and support will be offered free of charge for up to one month. We may impose an Administrative Charge of £25.00 for webinar training or setup assistance beyond that point.
7.16.3. A notice period of 1 month applies to any cancellation received for any service that is out of a contracted period.
7.16.5. Notice of cancellation will only be accepted by submitting it through the online form.
7.16.6. Acceptance of notice to cancel will be sent within 5 working days in writing.
7.16.7. For any numbers still in contract, the cancellation will be processed immediately but line rental for the remainder of the contract will be payable.
7.17. Late or non-paying accounts:
7.17.1. A charge of 10% will be added to any account with invoices unpaid after 14 days, minimum charge of £5.00.
7.17.2. Should your services be suspended for non-payment you will incur a £75.00 administration fee.
7.17.3. An administration fee of £7.50 will be applied to accounts where Direct Debit has been returned unpaid.
7.17.4. Non Direct Debit customers will incur a monthly fee of £2.99.
7.17.5. Paper billing is chargeable £2.99 per month.
7.17.6. Ethernet connectivity is subject to the full installation charge if cancelled within 36 months.
7.17.7. Ethernet connectivity is subject to a 90 day cancellation period.
7.18. IVR and Bespoke Announcements include a connection charge of 2p.
7.18.1. Voice to email is charged at a rate of 4.25ppm.
7.18.2. Port/transfer of any Telephone Number to another subscriber (minimum £50.00)
7.18.3. Mobile Networks included in our packages are O2, Vodafone, Orange, T-Mobile, EE, Virgin mobile and Three.
8. Payment
8.1. You must pay the Charges in full by direct debit on the date agreed between us. If you do not pay by direct debit, a monthly charge of £2.99 will be added to your account.
8.2. If a direct debit is dishonoured or cancelled we will charge you an Administrative Charge for any costs we incur.
8.3. In the event that payment cannot be made by direct debit, you must pay the Charges in full within 14 days of any invoice. If you fail to make payment within 14 days, you will be liable to pay a late charge of 10% of the total amount outstanding.
8.4. If you wish to dispute an invoice, you must do so within 30 days of the date of the invoice.
8.5. We may increase the Charges annually in line with RPI provided that not less than 30 days' prior written notice is given.
8.6. We reserve the right to claim statutory interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
8.7. If you do not pay any amount due by the due date, we may instruct a debt collection agency to collect payment on our behalf.
8.8. We may at any time carry out a credit check on you, reduce your credit limit, require you to pay a deposit, or register information about you with credit reference agencies.
9. Security
9.1. It is your responsibility to keep confidential and secure any user names, passwords or pin codes that we provide. You must notify us immediately if any are disclosed to any unauthorised person. Telecoms World recommends the use of a dedicated email for the setup of your admin account.
9.2. You acknowledge and warrant that 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.
9.3. 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.
10. Intellectual Property Rights
10.1. Except as expressly set out in these Conditions, the parties will not acquire any rights or licences to the other party's IPR.
10.2. All IPR in anything provided to you as part of the Services will remain our property or our licensors.
10.3. Where software is supplied to enable you to use a Service, we grant you a non-exclusive, non-transferable licence to use such software for that purpose only.
11. Indemnity
You will fully and promptly indemnify and hold us harmless against any claims or legal proceedings which are brought or threatened against us or our subcontractors by any third party as a result of you entering into the Contract, or arising from your fraud, negligence, failure to perform or delay in the performance of any of your obligations under the Contract.
12. Provision of Information
12.1. The parties will keep in confidence any information of a confidential nature obtained under the Contract including the Charges.
12.2. Clause 12.1 will not apply to: information which has been published, information lawfully in possession of the recipient, information obtained through a third party, information required by law to disclose, or information disclosed as part of a business reorganisation.
12.3. We may monitor and record calls made to or by us relating to customer services and telemarketing calls, for the purpose of training and improving customer care services.
12.4. All information that we hold about you will be held and processed by us strictly in accordance with the Data Protection Act 1998.
13. Liability
13.1. Neither party excludes or limits its liability for personal injury or death caused by its negligence or for fraudulent misrepresentation.
13.2. Subject to clause 13.1, our aggregate liability to you in connection with the Contract is limited to £100,000 for any one event or any series of related events, and in any twelve (12) month period to £500,000 in total.
13.3. Subject to clause 13.1, we shall not be liable to you for direct, indirect or consequential loss of profit, revenue, business, anticipated savings, opportunity, use, wasted expenditure, loss of or damage to physical property or for any loss, corruption or destruction of data.
14. Assignment
The Contract is personal to you and therefore it cannot be assigned or transferred by you to any other person without our prior written consent. We have the right to assign both the benefit and burden of the Contract as part of a business reorganisation.
15. Suspension
15.1. We may temporarily suspend the Services either in whole or in part and/or temporarily disconnect any telephone number until further notice in the event that:
15.1.1. You have failed to pay any sums due to us;
15.1.2. You are in breach of the Contract;
15.1.3. You prevent or delay any prearranged maintenance;
15.1.4. You damage the Network or put the Network at risk;
15.1.5. We have reasonable grounds to believe that a Service is being used unlawfully or for criminal or fraudulent purposes;
15.1.6. Operational reasons require it;
15.1.7. There is a case of emergency;
15.1.8. We are required to do so by any competent authority.
15.2. We may refuse to restore the Services until the breach has been cured.
15.3. You will continue to be liable for and to pay the Charges during any period of suspension or disconnection.
15.4. We may charge to reconnect you to the Services and may change your payment terms as a condition of reconnection.
15.5. If any Service is suspended by us, you will be liable to pay a £75.00 Administrative Charge.
16. Commencement and Termination
16.1. The Commencement Date will be the date of the signed Service Agreement or the date you confirm the order by email.
16.2. We may cancel the Contract prior to the first provision of Services if you fail a credit check or if we are unable to provide the Services.
16.3. You may cancel the Contract prior to the first provision of Services within any cooling off period specified in the applicable Service Agreement.
16.4. We may terminate the Contract by giving you 30 days' notice or immediately if you do not make payments when due, breach the Contract, or become subject to insolvency proceedings.
16.5. Details of your rights to terminate are contained in the applicable Service Agreement.
16.6. Routers which are provided as part of broadband or Ethernet services must be returned within 28 days of cancellation. Failure to return will result in charges.
16.7. Early Termination Charges (ETCs) reflect a reasonable pre-estimate of losses incurred from early termination.
17. General
17.1. We reserve the right to change these Conditions and/or the Services at any time with 30 days' notice.
17.2. Neither party will be deemed to be in breach by reason of any delay in performance caused by a matter beyond its reasonable control.
17.3. No single or partial exercise, or failure or delay in exercising any right will constitute a waiver.
17.4. The Contract sets out the entire agreement and understanding between the parties.
17.5. Unless expressly provided, no term of the Contract will be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999.
17.6. If any provision is found to be invalid, unlawful or unenforceable, it shall not affect the enforceability of the remainder.
17.7. Any dispute arising under or in connection with the Contract shall be referred to arbitration by the IDRS.
17.8. The Contract will be governed by English law and subject to the jurisdiction of the courts of England.
17.19.1. All mobile networks have a fair usage policy of 3000 minutes, 3000 texts, and 25GB data usage within a single billing period.
17.19.2. Out-of-bundle and roaming charges are as outlined.
17.19.3. Cancellation within first 24 months will incur a £50 disconnection charge.
17.20. PhoneLine+ has a fair usage policy of 3000 minutes within a single billing period.
Returns Policy
You have a statutory right to a refund, regardless of the reason why.
We will ask you to send us a copy of your phone bill which will need to show your telephone number, or your name and address to prove that you are the bill payer, it will also need to show any calls made to our service (telephone numbers starting with 09) and the cost of your calls to us.
Please email a copy of your bill to billing@telecomsworld.com
Once we receive your refund request, we will attempt to confirm receipt via email. Please allow 21 working days for us to process the refund to you.
All refunds are made within 30 working days and are payable to the bill payer.
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