Conditions for Network Call Performance Reports

Contents

Interpretation
Duration
Provision of Service
Disclosure of Information
The Customer's Responsibilities
Charges
Limitation of Liability
Matters beyond BT's or the Customer's reasonable control
Variation of Contract
Assignment
Breaches of the Contract
Termination of the Contract
Entire Agreement
Notices
Law

1. Interpretation

"Network Call Performance Report" means a report containing a graphical analysis of incoming and outgoing call traffic on the Customer's nominated telephone lines. These reports will only be available over the internet via bt.com. A unique delivery Identification Number and Personal Identification Number will be supplied to the Customer as part of the order process.

"Contract" means these Conditions, the BT Price List, the Network Call Performance Request Form and any other document expressly stated to form part of this Contract.

"Customer" means the person named as such on the BT Order Form and anyone appearing to BT to be acting with that Customer's authority or permission.

"Minimum Period of Service" means the minimum period for the Service shown on the BT price list.

"Service" means the provision of Network Call Performance Report.

2. Duration

This Contract begins when the Customer's order for the Service is accepted in writing by BT and will continue until terminated in accordance with paragraph 12.

3. Provision of Service

3.1. BT agrees to provide the Customer with the Service on these Conditions.

3.2. BT will endeavour to provide the Service by the date agreed with the Customer but all dates are estimates and BT accepts no liability for failure to meet those dates.

3.3. BT agrees to provide the Customer with the Service using the reasonable skill and care of a competent telecommunications service provider.

3.4. The Customer acknowledges that the Network Call Performance Reports provide an overview of the Customer's call traffic. Accordingly the accuracy of information about incoming or outgoing telephone calls is not guaranteed and the Customer should not rely on its accuracy.

3.5. Network Call Performance Reports comprise anonymous data only from which no living individuals are identified or reasonably capable of being identified.

3.6. The frequency of Network Call Performance Reports will be monthly.

3.7. BT may vary the format of the Network Call Performance Report at any time by giving 7 days' written notice to the Customer.

3.8. BT may temporarily suspend the provision of the Service without notice if the Customer's telephone service with BT is suspended.

3.9. If any of the Customer's telephone service contracts for lines for which the Service is provided are terminated, the Customer acknowledges that BT can no longer provide the Service in respect of those lines terminated.

4. Disclosure of Information

The Customer agrees that BT may pass the Customer's name and address and the data which make up Network Call Performance Reports to others companies chosen by BT from time to time for the sole purpose of printing and despatching the Network Call Performance Reports.

5. The Customers's Responsibilities

5.1. The Customer is responsible for nominating the lines for which Network Call Performance Reports are to be required.

5.2. The Customer will take all reasonable measures to ensure proper use of any information disclosed by BT relating to this Contract including compliance with the Data Protection Act 1998 and any other applicable legislation.

5.3. The Customer is responsible for making all necessary arrangements with BT for the provision of telephone service and for paying all charges for it.

5.4. The Customer must indemnify BT against any claims or legal proceedings anybody makes or threatens to make against BT because of the Customer's use of the Service, or as a result of any third party's use of the Service.

6. Charges

6.1. The Customer must pay the charges for the Service which appear on BT's bill by the date specified on the bill. The charges will be calculated in accordance with the BT Price List.

6.2. Where no charges are payable to BT by the Customer, BT will provide the Service in consideration of the Customer's performance of its obligations contained in these Conditions.

7. Limitation of Liability

7.1. BT does not exclude or restrict liability for death or personal injury resulting from BT's negligence.

7.2. BT's sole liability to the Customer in contract, tort (including negligence) or otherwise for errors or omissions in any part of the Service which may arise from any failure by BT to exercise the reasonable skill and care of a competent telecommunications service provider, will be limited to the provision of services of the same nature as those originally provided in order to correct such errors or omissions, provided BT is notified of the errors or omissions within 3 months following completion of such part of the Service.

7.3. BT's liability to the Customer in contract, tort (including negligence) or otherwise in relation to this Contract is limited to £50,000.

7.4. BT is not liable to the Customer either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, business or anticipated savings or for any indirect or consequential loss or damage whatever.

7.5. Each provision of this paragraph 7 operates separately. If any part is held unreasonable or inapplicable in any circumstances the other parts shall continue to apply.

8. Matters Beyond BT's or the Customer's Reasonable Control

If either party is unable to perform any obligation under this Contract because of a matter beyond its reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or acts of local or central Government or other competent authorities, it will have no liability to the other party.

9 Variation of Contract

9.1. Service

If the Customer requests BT to make any change to the Service BT may ask the Customer to confirm the request in writing. If BT agrees to a change, this Contract will be amended accordingly from the date when BT confirms the change in writing to the Customer.

9.2. Conditions

BT can change the Conditions of this Contract (including the charges) at any time. BT will publish changes to the charges in the BT Price List at least 2 weeks before the change is to take effect. BT will notify the Customer of any other change at least 2 weeks before the change is to take effect.

10. Assignment

The Customer must not assign or transfer any rights or obligations under this Contract.

11. Breaches of the Contract

11.1. If the Customer commits a breach of this Contract and:

(a) if it is possible to remedy the breach, fails to remedy the breach within a reasonable time of written notice to do so; or

(b) if it is not possible to remedy the breach;

BT can terminate this Contract or suspend the Service without notice and claim for the resulting losses or expenses.

11.2. BT can also terminate this Contract if the Customer is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of the Customer's creditors, or if any of the Customer's assets are the subject of any form of seizure, or if the Customer goes into either voluntary (otherwise than for reconstruction or amalgamation) or compulsory liquidation, or if a receiver or administrator is appointed over the Customer's assets.

11.3. If BT delays in acting upon a breach of Contract by the Customer, that delay will not be regarded as a waiver of that breach. If BT waives a breach of this Contract by the Customer, that waiver is limited to that particular breach.

12. Termination of the Contract

12.1. At any time after the Service has been provided this Contract can be terminated by:

(a) 1 month's notice from BT to the Customer; or

(b) 7 days' notice from the Customer to BT.

12.2. If BT gives notice the Customer must pay the charges for the Service up to the expiry of the notice.

12.3. If the Customer gives notice the Customer must pay charges for the Service until the expiry of the notice. The Customer must also pay the charges due for any remaining part of the Minimum Period of Service.

12.4. BT can terminate this Contract by immediate notice to the Customer if the provision of the Service causes interference with BT's public telecommunication network.

13. Entire Agreement

13.1. This Contract contains the whole agreement between BT and the Customer relating to its subject matter and supersedes all previous written or oral agreements relating to it.

13.2. BT and the Customer acknowledge and agree that:

(a) they have not been induced to enter into this Contract by any representation, warranty or other assurance not expressly incorporated into it; and

(b) in connection with this Contract their only rights and remedies in relation to any representation, warranty or other assurance shall be for breach of this Contract and that all other rights and remedies are excluded, except in the case of fraud.

13.3. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

14. Notices

Notices given under this Contract must be in writing and may be delivered by hand or sent by first class post or letter to the addressee at the following addresses:

(a) to BT at the address of BT's office shown on the BT Order Form or on the Customer's last bill or any alternative address that BT notifies to the Customer;

(b) to the Customer at the address to which the Customer asks BT to send bills, the address of the Customer's premises, or, if the Customer is a limited company, its registered office.

15. Law

This Contract is governed by English law.