Terms and Conditions
DEFINITIONS
In these Conditions:
- Commencement Date: The date specified in the Network Service Agreement.
- Contract: The contract between the Customer and the Supplier for the supply of the Service in accordance with these Conditions and the Network Service Agreement.
- Customer: The person or company cited in the Network Service Agreement for whom the Supplier has agreed to provide the Service.
- Intellectual Property Rights: All patents, rights to inventions, copyright and related rights, trademarks, service marks, business and domain names, goodwill, design rights, software rights, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights (registered or unregistered) including all applications and renewals/extensions, and all equivalent rights in any part of the world.
- Minimum Term: The agreed minimum term for the provision of the Service as specified in the Network Service Agreement.
- Network Service Agreement: The Network Service Agreement entered into by the Customer.
- Previously Paid Termination Charges: Any early termination charges paid by the Supplier on behalf of the Customer to the Customer’s previous network provider at any time before or after the Commencement Date.
- Service: The telecommunications service to be supplied to the Customer’s telephone lines by the Supplier, which may include a broadband access line for internet connectivity as outlined in the Specification.
- Supplier’s Website: yourcomm.co.uk
- Specification: The description or specification of the Service as set out in the Network Service Agreement.
- Supplier: Your Communications Limited, incorporated and registered in the United Kingdom with its registered office at 19 Sixfield Close, Lincoln, LN6 0EJ.
- Toll Fraud: Any interference or access to the Customer’s phone system or telephone lines and/or the making of calls by any third party utilising the Customer’s telephone lines whether fraudulent or otherwise.
References to legislative provisions are to be understood as including amendments, re-enactments, or extensions at the relevant time.
1. BASIS OF CONTRACT
- The Contract comes into force on the date the Network Service Agreement is signed by authorised representatives of the Customer and received by the Supplier and, unless terminated earlier in accordance with these Conditions, continues until the end of the Minimum Term.
- The Contract automatically extends for successive 36-month periods (Extended Terms) at the end of the Minimum Term or any Extended Term, unless either party gives not less than 90 days’ written notice before expiry of the current term to terminate at its conclusion.
- If the Customer has 10 or fewer employees, the Contract continues (unless terminated earlier) until either party gives 90 days’ written notice to terminate, after the Minimum Term.
- The Contract constitutes the entire agreement. The Customer acknowledges reliance only on matters set out in the Contract.
- Any samples or advertising are for general guidance only and do not form part of the Contract.
- These Conditions apply exclusively to the Contract.
- Quotations are not offers, and are valid for 20 business days from date of issue.
2. SUPPLY OF THE SERVICE
- The Service is supplied by the Supplier from the Commencement Date in accordance with the Specification in all material respects.
- The Supplier may change the Specification as needed to comply with safety or statutory requirements, without prior Customer consent.
3. CUSTOMER OBLIGATIONS
The Customer shall:
- Cooperate fully and provide reasonable assistance from their employees as required.
- Permit or procure safe access for the Supplier to premises and service points.
- Provide accurate and timely information as reasonably required.
- Ensure only approved attachments (per the Telecommunications Act 1984) are used.
- Use the Service as per Supplier’s written instructions and conditions.
- Not use the Service to infringe on any other’s rights; maintain security for any systems or hardware not provided by the Supplier, manage authentication credentials, and act promptly in any security incident, including reporting breaches to the Police.
- Obtain and maintain all required licences, permissions, consents, or approvals before the Commencement Date.
- Be solely liable for any costs resulting from Toll Fraud.
- For broadband services, obtain and install any required equipment at own cost, as advised by the Supplier.
The Customer acknowledges that ‘fraud monitor’ is not a prevention system; it is their responsibility to maintain their own security and the Supplier accepts no liability for costs due to security breaches. The Customer shall keep the Supplier fully indemnified against all costs or losses arising from breaches, death or injury from Customer negligence, Toll Fraud, or investigations. The Customer is responsible for any such costs on written demand.
- Failure by the Customer to fulfil obligations (Customer Default) gives the Supplier the right to suspend services until the issue is resolved and to claim for any associated costs or losses. The Supplier is not liable for such failures or delays during Customer Default.
4. PRICE AND PAYMENT
- The price for Service is determined by the applicable tariff, as stated in the Network Service Agreement.
- The Supplier may vary the tariff, giving at least three months’ written notice.
- Some call tariffs may be subject to additional connection or minimum call charges.
- The Supplier invoices monthly in arrears and may use email for invoices.
- The Customer must pay each invoice via direct debit by the due date stated.
- All amounts exclude VAT, which will be added where applicable.
- Late payments incur interest at 4% per annum above the Bank of England base rate, compounded daily, until paid in full.
- The Supplier may charge admin fees for failed or cancelled direct debit instructions.
- Disputes over invoices must be raised within six months of the invoice date.
5. INTELLECTUAL PROPERTY RIGHTS
- All Intellectual Property Rights in or arising from the Service are owned by the Supplier. For third-party Intellectual Property Rights, use by the Customer is conditional on the Supplier securing an appropriate licence.
6. LIMITATION OF LIABILITY
- Nothing limits or excludes the Supplier’s liability for death, personal injury from negligence, fraud, or certain statutory rights.
- The Supplier is not liable for loss of profit or indirect/consequential loss, nor for any sums unpaid by the Customer, or breaches of Customer security.
- The Supplier’s total liability is capped at the total price paid by the Customer over the three months preceding the event giving rise to the claim.
- Terms implied by sections 3-5 of the Supply of Goods and Services Act 1982 are excluded as far as law allows.
- Employees or agents of the Supplier cannot make representations about the Service unless confirmed in writing by the Supplier.
7. DATA PROTECTION
Both parties will comply with all applicable Data Protection Legislation (including GDPR and UK equivalents). The parties agree:
- The Customer is the Data Controller, and the Supplier is the Data Processor unless otherwise specified. The scope, types, and purposes of processing align with providing the Service as specified.
- The Customer is responsible for securing all necessary consents and notices to lawfully transfer data to the Supplier.
- The Supplier processes Customer Personal Data only under Customer instruction or as required by applicable law (with notice to the Customer unless prohibited).
- Security: The Supplier will implement appropriate technical and organisational measures to protect data.
- Confidentiality: Only personnel bound by confidentiality will process Customer Personal Data.
- The Supplier will assist, at Customer’s cost, with data subject requests and compliance efforts.
- On termination, Customer data will be returned or deleted unless retention is legally required.
- The Customer consents to the Supplier appointing certain sub-processors (listed in the Agreement), and the Supplier remains liable for their acts/omissions.
- Call recording: The Supplier may record calls and act as Data Controller for such data as outlined in its privacy notice.
8. INSOLVENCY OF CUSTOMER AND SUSPENSION
- The Supplier may terminate the Contract with 14 days’ notice if the Customer becomes insolvent, enters bankruptcy, or commits a material breach not remedied within 14 days of notice.
- The Supplier may terminate for convenience with 30 days’ written notice.
- The Supplier may suspend services if the Customer is subject to insolvency events, or as otherwise provided herein. Charges continue to accrue during suspension.
9. TERMINATION BY THE CUSTOMER PRIOR TO EXPIRY OF MINIMUM TERM
- The Customer may terminate before the Minimum Term expires with 90 days’ written notice, subject to payment of an early termination fee (average of the previous three months’ charges, multiplied by remaining months in the Minimum Term). If less than three months has elapsed, the fee is calculated as the average from the Commencement Date.
- The Customer is also liable to reimburse any Previously Paid Termination Charges if terminating early due to their own acts or omissions.
10. CONSEQUENCES OF TERMINATION
- Upon termination, all outstanding invoices and accrued rights/liabilities are immediately due, and provisions intended to survive termination remain in force.
- If the Supplier terminates under Clause 9, the Customer remains liable for the early termination fee.
11. GENERAL
- Force Majeure: The Supplier is not liable for failures due to circumstances beyond reasonable control.
- Dispute Resolution: Unresolved disputes may be referred to recognised dispute resolution services, detailed on the Supplier’s Website.
- The Supplier may change any term, including charges, with two weeks’ online notice and reasonable advance customer notice.
- Third-Party Rights: The Contract is not enforceable by third parties under the Contracts (Rights of Third Parties) Act 1999.
- Assignment: The Supplier may assign/transfer its rights or subcontract obligations. The Customer may not assign any rights or obligations without the Supplier’s consent.
- Notices: Notices must be in writing to the registered office or principal place of business and, for termination, marked for the attention of the Managing Director and sent via recorded delivery.
- No delay or failure by the Supplier to enforce terms is a waiver unless provided explicitly in writing.
- Invalidity: If any provision is found invalid, the remainder remains in force.
- These Conditions may only be varied or supplemented if agreed in writing and signed by an authorised representative.
- Governing Law: The Contract is governed by the law of England and Wales; the parties submit to exclusive jurisdiction of English courts.
DIRECT DEBIT GUARANTEE
- Changes to direct debits will be notified at least 10 working days in advance.
- Errors in payment will be refunded immediately; if you receive a refund you are not entitled to, you must return it.
- You can cancel a direct debit at any time by contacting your bank. Please also notify us.
ADDITIONAL MAINTENANCE AND EQUIPMENT TERMS
All sales, rentals, and maintenance of equipment or additional products and services provided by Your Communications Limited are subject to specific Maintenance Agreements, Line Rental Agreements, and Equipment Order Conditions as supplied and agreed at time of order. These specify Commencement Dates, Maintenance Terms, Equipment inclusions, scope of Maintenance Services, Payment Provisions, Data Protection specifics, limits of liability, and all obligations of both parties.
If you require further information or a copy of our detailed agreement terms for Maintenance, Equipment Rental, or Service Lines, please contact us at legal@yourcomm.co.uk or visit yourcomm.co.uk.
Last updated: 24 September 2025
Your Communications Limited, 19 Sixfield Close, Lincoln, LN6 0EJ.
For all legal and contract queries, please write to us at the address above or via yourcomm.co.uk/contact.