The terms of this Schedule 4 shall apply to the provision of fixed line rental services and must be read in conjunction with the CFA.
The Minimum Term shall be the period beginning on the Commencement Date and ending on the fifth anniversary of the Commencement Date, unless otherwise specified in the CFA.
Subject to paragraph 1.4, the Contract may be terminated by either party giving to the other party not less than 90 days’ written notice, and if no such notice is given, the Contract shall automatically continue for an additional term of 12 months (“Additional Term”) following the end of the Minimum Term. Any notice given under this paragraph 1.3 must terminate upon the expiry of the Minimum Term or any Additional Term.
In the case of any Consumer or Small Business Customer, any renewal of the Additional Term shall be subject to DuoCall first obtaining from the Consumer or Small Business Customer (as the case may be) their express agreement thereto in relation to each Additional Term to be entered into.
DuoCall reserves the right to charge to the Customer an administration fee of £5 for each payment made to DuoCall other than by way of direct debit. DuoCall may increase such administration fee from time to time to reflect any increases in administration costs with or without notice.
If the Customer fails to make any payment due to DuoCall by its due date, DuoCall reserve the right to require the Customer to enter into a direct debit arrangement for the unexpired duration of the Contract. If the Customer refuses to set up a direct debit upon notification by DuoCall within a reasonable time, this will constitute a material breach of the Contract.
3. LINE RENTAL
The fee for the Line Rental service is the monthly rental set out in the CFA or, if no fee is specified in the CFA, Line Rental will be charged at DuoCall’s standard rates from time to time in force, details of which are available on request.
If the Customer terminates the Line Rental before it is entitled to do so under paragraph 1.3, the Customer will pay to DuoCall a termination charge, which will be the greater of:
the fees for the Line Rental payable in respect of the unexpired residue of the Minimum Term or (if applicable) the current Additional Term.
The Customer acknowledges that this termination charge is intended to place DuoCall financially in the position that it would have been in if the Line Rental had been provided for the full Minimum Term or the current Additional Term (as the case may be), and represents a genuine pre-estimate of the losses which DuoCall will incur as result of early termination of the Line Rental. It is not intended in any respect to be punitive in nature.
This termination charge is due immediately upon the effective date of termination of the Line Rental, and is payable in addition to any other monies payable under the Contract.
In addition to the Customer’s liability to pay the termination charge, the Customer will be liable to reimburse DuoCall for any costs incurred by it in releasing it from its contractual obligations with Openreach to the extent that it is not reasonably practicable for DuoCall to mitigate or avoid these.
If the provision of the Line Rental requires the installation of a new Line, DuoCall will allocate a telephone number to that Line and, unless expressly requested otherwise by the Customer, will arrange for one free standard entry to be made in a telephone directory published by Openreach or any other operator (as appropriate).
If DuoCall has an appropriate agreement with the Customer’s existing service provider, DuoCall shall, if the Customer so reasonably requests, provide to the Customer a telephone Line using the Customer’s existing number subject to:
there being no technical reasons preventing the use of that number;
the existing service provider agreeing to release that number;
the Customer first having authorised DuoCall to cancel on its behalf the service on the existing line using that number;
the Customer first having provided DuoCall with sufficient information to enable it to arrange for the transfer, including (but not limited to) the account name, account number, service address and billing address; and
number portability being available at the relevant site and if it is available the Customer being responsible for DuoCall’s applicable charges for number portability.
4. PROVISIONS APPLICABLE TO WHOLESALE LINE RENTAL
The following provisions of this paragraph 4 apply where the Deliverables include the provision by DuoCall of a Wholesale Line Rental (“WLR”) service.
The Customer hereby consents to the disclosure to DuoCall by any member of Openreach (a BT Group Business) or such other provider as DuoCall shall stipulate from time to time (“Openreach”) of any information which DuoCall reasonably requires in order to enable it to perform its obligations under the Contract.
The Customer shall pay to DuoCall the Line Rental charges specified or determined from time to time in accordance with the Contract.
DuoCall shall use its best endeavours to procure that a member of Openreach will maintain the Customer’s Line and fix any faults that may occur in accordance with, and subject to the limitations contained in, the agreement between DuoCall and Openreach for Line Rental. Further details of the service which Openreach will provide and any limitations will be provided by DuoCall to the Customer upon reasonable request.
The Customer hereby gives DuoCall authority to act as its agent for the purpose of arranging connection between the Openreach system and the services provided by DuoCall. If DuoCall is unable to take over the billing of the Customer’s Line Rental, for whatever reason, the Customer hereby authorises DuoCall to carry its phone calls only through carrier pre-selection.
5. PROVISIONS APPLICABLE TO CARRIER PRE-SELECTION SERVICES
Carrier Pre-Selection Services (“CPS”) is the routing of the Customer’s phone calls through a carrier other than Openreach. The provisions of this paragraph 5 apply where the Deliverables include the provision by DuoCall of CPS.
DuoCall shall use reasonable endeavours to procure that the Customer’s Line will continue to be maintained by Openreach engineers in accordance with, and subject to the limitations contained within, the agreement between DuoCall and Openreach. Further details of the service and any limitations will be provided by DuoCall to the Customer upon reasonable request.
DuoCall may select and at any time change any carrier or other service provider for the purposes of providing CPS.
The Customer hereby irrevocably authorises DuoCall to give all notices, nominations and other authorisations which DuoCall might reasonably require from time to time in order to enable it to provide CPS.
6. SERVICE REPAIRS
The Customer must notify DuoCall promptly of any defect or fault in the services provided under this Schedule 4, using the Customer Service and Fault Notification number provided. DuoCall will attend to the matter in accordance with its fault repair service.
Repairs to defects or faults notified in accordance with paragraph 6.1 will be carried out in accordance with paragraph 4.4 above.
If Openreach charges DuoCall for repairs or makes an engineering call out charge, which will occur if the fault is found to be a fault in, or is due to damage to, the Customer’s equipment or systems, DuoCall reserves the right to pass on those charges to the Customer together with its own standard administration charge applicable from time to time.
DuoCall may require at any time that the Customer has its equipment or systems checked by its own provider if, acting reasonably, DuoCall believes that any defect or fault reported by the Customer originates from or is due to any extent to a fault in or damage to such equipment or systems.