Terms & Conditions 1st Janurary 2023
 

Terms and Conditions Effective: 1 January 2023

Meerkat Comms Ltd Fixed Line Terms and Conditions

Definitions

1. Tariff: You will be charged for line rental and calls at the rates established in your Customer Service Agreement.

2. Payment: Monthly invoices are to be paid by direct debit.

3. Contract Length: The duration of the contract is specified in the signed Customer Service Agreement.

4. Cancellation: You may terminate your contract by providing at least 20 working days' written notice before the end of any contract period or the agreement end date.

5. Account: Our records of your payments, outstanding charges, and personal details.

6. Additional Services: Services incurring charges beyond fixed periodic charges, as outlined in the Customer Service Agreement.

7. Care Level: Our fault repair response times as specified in section 10(e).

8. Charges: Fees outlined in this agreement, including but not limited to fixed recurring charges, usage charges, account management fees, connection and reconnection fees, cancellation fee (if applicable), and costs for collecting outstanding payments.

9. Connected: Successful completion of a connection.

10. Connection: The process of granting you access to Services. "Disconnection" and "Reconnection" hold corresponding meanings.

11. Content: Information, communications, images, sounds, software, or any material available through the services.

12. Customer: You or an authorized individual acting on your behalf concerning your account.

13. Minimum Term: The specified period for service supply as defined in the Customer Service Agreement, commencing on the connection date.

14. Suspension: Temporary Disconnection of Services. "Suspend" holds a corresponding meaning.

15. Third Party Content: Content owned or licensed by third parties.

 

Meerkat Comms Telecommunication Services

1. Service

This agreement pertains to the provision of telecommunication services by Meerkat Comms Ltd to you. We reserve the right to reasonably modify these terms and conditions at any time, with our discretion, by providing you with no less than 30 days' advance written notice, inclusive of the posting date. Any alterations to terms or charges will also be published on our website.

2. Service Provision

Meerkat Comms Ltd delivers services through WLR3 for telephone lines. Under WLR3, Meerkat Comms Ltd bills you for line rental, while BT Openreach maintains and repairs your line from the exchange to your premises. To avoid ordering delays, Meerkat Comms Ltd must be informed by BT of any incompatible products or services presently in use on your line for WLR3 or NGN service.

By entering into this agreement, you grant consent to BT and other network providers to share information about your telephone services with Meerkat Comms Ltd, in accordance with their strict disclosure policies.

 

You also give Meerkat Comms Ltd authority to act as your agent to arrange connection onto Meerkat Comms Ltd services. If Meerkat Comms Ltd is unable to take over the provision of your line rental, for whatever reason, you hereby authorise us to carry your phone calls only through CPS (see below

 

3. Carrier Pre-Selection (CPS)

Carrier Pre-Selection (CPS) involves routing your calls through a carrier other than BT. While your phone line(s) are maintained by BT engineers, the calls are carried on a different network. We retain the right to select and change your carrier or service provider for CPS purposes. By agreeing to this contract, you grant us permanent authorization to manage all necessary notices, nominations, and authorizations required to provide the CPS service.

4. Duration

The duration of this contract is defined in the Customer Service Agreement. This contract becomes effective from the date of signing the Customer Service Agreement. We reserve the right to terminate this contract without prior notice if you violate any obligations outlined in sections 7 & 9. Upon termination of this contract for any reason, you agree to:

a. Settle any outstanding invoices immediately. b. Assume responsibility for any engineering or reprogramming costs necessary for you to switch to an alternative supplier. Furthermore, if you terminate this contract before the contractual agreement's specified end date discussed in your verification call, you commit to reimbursing Meerkat Comms Ltd for costs related to releasing you from contractual obligations with BT or other network providers, if applicable.

5. Charges

Meerkat Comms Ltd levies charges for utilizing the services detailed in this agreement. You are billed at the rates specified in the Customer Service Agreement.

a. Charges are calculated based on data recorded by us, not your personal records. b. Failure to make payment by the bill's due date may result in telephone service disconnection. A charge of up to twenty pounds may be added to your subsequent bill to reinstate services suspended due to prolonged non-payment of an invoice. c. We reserve the right to lower our prices and will strive to notify you of such changes at least 30 days in advance. d. All charges from Meerkat Comms Ltd include VAT at the prevailing rate for both business and residential customers. e. Line rental, service charges, and call packages are invoiced one month in advance. f. We are not accountable for termination charges from previous suppliers. g. If an engineer is dispatched to your Premises, you may be charged our current rates or the fees of third-party providers may be passed on to you. h. Depending on the Care Level agreed upon, a monthly maintenance charge may apply. i. If Meerkat Comms Ltd is not paid according to the agreed terms, we retain the right to claim compensation for debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998.

6. Payment Terms

a. The preferred payment method is Direct Debit through GoCardless. b. We will notify you of any issues with your payments or direct debit instructions. Arrears or unwillingness to maintain direct debit payments may lead to line suspension. c. In case of non-payment, we reserve the right to charge interest on the amount due at a rate of four percent above the Bank of England base rate, calculated from the due date until collection. d. Cancelling your direct debit does not equate to canceling the contract and may incur an administration charge. e. Direct debit guarantee protection is consistently in effect. f. We retain the right to conduct credit checks without prior notice on any legal entity and share the entity's credit history with other credit agencies and/or the county court. g. We reserve the right to request a deposit at any time, paid in advance, should credit checks reveal insufficient credit scoring, County Court Judgments, or if unusual usage and call charges are detected. If you fail to meet this request within thirty days of our notification, we reserve the right to terminate this contract and demand immediate full settlement of outstanding balances. h. Meerkat Comms Ltd retains the discretion to impose a credit limit on your account at any time, subject to change. Exceeding this credit limit may result in suspension of the Service, and you will be responsible for all charges, including those exceeding the credit limit. i. If a customer's account remains unpaid (in any part) for thirty days after the original due date, Meerkat Comms Ltd reserves the right to suspend the service until the account is fully settled. Complete disconnection of the service may also occur. Reconnection will incur additional charges. j. During a billing dispute, you must continue making payments against the remaining amount while the dispute is under investigation to prevent potential suspension of lines and services. k. If eligible to exit your Meerkat Comms Ltd contract within your minimum term without prejudice, you are still required to make payment for services used.

 

7. Your Responsibilities

We will provide you with the specified service as agreed upon in the confirmation call, subject to the terms of this agreement. In return, you agree to:

a. Use the service in alignment with this agreement, as well as any instructions dictated by relevant laws, regulations, and licenses applicable to your usage of the services. b. Not permit an alternate supplier to override or bypass our service through equipment installation or manipulation at the BT local exchange. c. Take responsibility for any reprogramming or equipment removal costs necessary to terminate services from previous suppliers. d. Avoid using the Services in ways that Meerkat Comms Ltd deems detrimental to your service provision or the services offered to other customers. e. Refrain from using the service to transmit content that is abusive, offensive, obscene, indecent, menacing, defamatory, or could cause annoyance, inconvenience, anxiety, fraud, or criminal activity. f. If you request and Meerkat Comms Ltd agrees to changes in the Services or your premises, you must fulfill required formalities to effect these changes. You'll be responsible for Meerkat Comms Ltd's current charges reflecting such changes. g. Terminate contracts with previous suppliers of similar services at your own expense. h. End contracts with previous suppliers of incompatible services at your own expense. i. Ensure that if you're entitled to exit your Meerkat Comms Ltd contract within the minimum term without prejudice, your new provider completes the transfer within 60 days. j. Pay for services used if you're eligible to exit your Meerkat Comms Ltd contract within the minimum term without prejudice.

8. Repairs to Service

a. We will make reasonable efforts to provide uninterrupted service, but acknowledge that occasional faults may arise. b. We are not responsible for maintaining your landline; BT Openreach™ retains this responsibility. For broadband issues on the landline that we do not provide, your broadband provider handles faults at the exchange level. c. We will reasonably address and correct defects or faults in our Services. To report a fault, contact Customer Services during operating hours. d. An engineering call-out charge may apply if we send an engineer to your premises and the fault lies with your equipment, not Meerkat Comms Ltd's Equipment or Services. Additional charges and replacement equipment costs may also be incurred. e. The response time for fault resolution depends on the agreed Care Level for your line.

9. Suspension of Service

We may suspend the service (without compensation to you):

a. In an emergency situation. b. To fulfill requests from governmental or competent authorities. c. To safeguard or assist rescue or essential services. d. To maintain service quality or upgrade the Services. e. If you fail to pay owed amounts, regardless of invoice issuance. f. Due to events beyond our control. g. In case of a significant breach of this agreement. h. If fraudulent activity, misuse, or breaches of this agreement are suspected. i. If bankruptcy, insolvency, or related proceedings occur.

10. Cancelling Your Service

a. A disconnection fee applies if the line is ceased, with potential additional charges. b. If you terminate the contract during the minimum period, charges include monthly line rental and average bill amount in advance up to your contractual agreement end date. A minimum charge of £199 applies if your early termination fee is less. c. Business customers ceasing trade can avoid termination charges with 20 working days' written notice, supported by legal documentation. d. A cancellation reference number must be obtained from customer services for valid cancellation requests within the transfer period.

e. Any early termination fee credit provided by Meerkat Comms Ltd can only be used to pay for services provided by Meerkat Comms Ltd. If the contract between you and Meerkat Comms Ltd is terminated, you must repay all early termination fee credits in full. f. If your business or property where your line resides is subject to new ownership by a third party within your minimum period, the ownership of the lines and services will revert back to Meerkat Comms Ltd. g. If your business or property where your line resides is subject to new ownership by a third party within your minimum period, if the third party does not elect to take a new contract with Meerkat Comms Ltd, then to prevent bad debt, the lines may be suspended and/or ceased, with potential charges and an early termination fee. h. If your business or property where your line resides is subject to new ownership by a third party within your minimum period and the third party cannot be contacted within 30 days, the lines may be ceased, and charges and an early termination fee may apply. i. If your business or property where your line resides is subject to new ownership by a third party within your minimum period and the third party chooses a new contract with Meerkat Comms Ltd, you won't be subject to an early termination fee.

11. VOIP FIXED NETWORK SERVICES

Meerkat Comms Ltd may provide VOIP Fixed Network Services according to an Order Form. While reasonable efforts are made to provide these services, Meerkat Comms Ltd holds no liability for the standard, quality, or performance of VOIP Fixed Network Services. Key features include:

a. VOIP service may lack certain features, quality, or resilience of traditional phone lines. b. VOIP service can be limited, unavailable, or disrupted due to external factors like power disruptions or connection quality. c. Maintaining a traditional PSTN telephone line alongside VOIP service is advised. d. Call quality via VOIP may be similar to mobile network calls, generally lower than traditional landlines. e. Emergency Calls made via VOIP may not provide accurate location information to emergency services. f. Emergency Calls via VOIP might fail during power or connection failures. g. Guaranteed ability to make Emergency Calls via VOIP cannot be assured. h. VOIP-originated Emergency Calls don't receive the same network priority as traditional emergency calls. i. Mains power is required for Emergency Calls using VOIP equipment.

12. Use of Bandwidth

The Customer must only use allocated bandwidth for VOIP calls. Using it for other purposes could reduce service quality. The Customer acknowledges that specific items are needed before commissioning VOIP Fixed Network Services.

13. Moving Premises

a. Notify Meerkat Comms Ltd about your premises move with at least three weeks' notice. b. During a move, there might be service downtime due to Openreach's work. c. If service transfer to your new premises is feasible, it will be done within the existing contract term, with potential charges. d. If service cannot be provided at your new premises, you can cancel your contract without a penalty.

14. Complaints

Meerkat Comms Ltd takes customer complaints seriously and aims to resolve them efficiently.

15. Liability

a. Neither party is liable to compensate the other for events beyond reasonable control.

b. "Beyond reasonable control" includes acts of God, power supply issues, telecommunication operators, government actions, war, terrorism, riots, employee disputes, supply failures, and more. c. Meerkat Comms Ltd won't compensate you for business harm, lost revenues, lost profits, or other indirect losses. Nor will it compensate for charges incurred with another call carrier. d. Liability for contract or tort under this agreement is limited to a refund of line rental charges for the service downtime, not exceeding £500. Liability is not limited for death or personal injury due to negligence.

16. FRAUD AND SECURITY

a. The Customer must keep user names and passwords secure and confidential, informing the Company if unauthorized use is suspected. b. The Company may suspend access or request password changes if security is compromised. c. The Customer must inform the Company about changes in connection with the Contract. d. Services aren't guaranteed to be secure, and the Company isn't liable for unauthorized access. e. The Company isn't responsible for the Customer's PABX/switch configuration or security. f. The Company isn't liable for call charges from fraudulent/unauthorized use of Equipment/Services. The Customer must notify the Company of unauthorized use and pay related charges. g. Assistance in fraud prevention is on a reasonable endeavors basis. The Company isn't liable for losses from unauthorized use. h. The Customer is responsible for preventing unauthorized use, maintaining system security, and securing passwords. i. Specific security measures must be followed by the Customer, such as strong passwords, regular changes, access restrictions, and antivirus/firewall use. j. The Customer is responsible for security measures related to CPE and Supported Equipment. k. When accessing Hosted Data, the Customer must not access other Company data. Any accidental access must be reported to the Company.

17. General

• The agreement can't be transferred without written consent.

• If any term is invalid, the others still apply.

• This agreement represents the entire contract.

• Changes must be in writing and accepted by both parties.

• Not enforcing a right doesn't waive it.

• English Courts have jurisdiction over disputes.

• Notices by Meerkat Comms Ltd are valid once sent to your billing address.

• Your communications must be sent to the Company's address, quoting your account number. They're only effective upon receipt by the Company.

 

18. The Direct Debit Guarantee

a. All banks and building societies participating in the direct debit scheme offer this guarantee. b. Your bank or building society ensures the efficiency and security of the scheme. c. If payment amounts or dates change, Meerkat Comms Ltd will notify you 10 working days in advance or as agreed. d. If an error occurs by Meerkat Comms Ltd or your bank/building society, you're entitled to a full refund within 7 days. e. If you receive an undeserved refund, you must repay it promptly upon request by Meerkat Comms Ltd. f. You can cancel a direct debit anytime by writing to your bank/building society. Send a copy of your letter to Meerkat Comms Ltd.

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