PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
These Terms and Conditions, along with any part of our Website specifically referred to herein (including our Code of Practice), represent your entire agreement with us and supersede any other agreement, made oral or otherwise, as
between the parties. By using our Services, you agree to these Terms, which form a legally binding agreement. If you do not agree, you should not use our Services.
Terms and Conditions for customers relating to the provision of italk Carrier Pre-Selection (CPS) line rental, and broadband services and equipment. These Terms and Conditions set out how we (italk Affiliate Telecommunications Limited, registered company number 06403147, registered office: Unit 1 Gordon Mews, Gordon Road, Portslade, BN41 1HU) will provide the call package you choose (the “Telephone Services”), for private use only, to those people whose applications for such Telephone Services we accept (“you” or “the customer”).
“Activation Date” means the date from which you can use the Services; “Additional Charges” means any applicable charges in addition to Fees and Call Charges as may be applicable from time to time, including but not limited to charges for line features, termination charges and disconnection costs, as published on the Website at www.italktelecom.co.uk/rates “Application” means an application to subscribe for the Services; “” means BT Telecommunications plc and as may be applicable to mean Openreach or other trading divisions of BT from time to time; “Call Charges” means the relevant charges for calls made to or to be made; “CPS” means Carrier Pre-Selection, being the Network access mechanism that occurs when a telecommunications operator automatically programmes your local telephone exchange to route your calls or traffic over a particular carrier’s Network; “Code of Practice” means our code of practice as amended from time to time and found at www.italktelecom.co.uk/code-of-practice “Customer Apparatus” means any telecoms equipment, fittings or parts required to receive the Services which are not provided by us; “Customer Care” means our Customer Care Team, whose number is 0333 210 4290 (if you do not have bundled or free minutes with your landline or mobile phone then you may be charged the same as a landline call made to an 01 or 02 03 number); “Credit Limit” means any credit limit applied to your account by us from time to time; “Equipment” means the equipment provided to you by us from time to time in connection with the provision of broadband services; “Fees” means the fees that may be payable from time to time for provisions of the Telephone Services, including but not limited to any monthly or connection fees referred to in clause 5; “Legacy Package” refers to packages no longer offered, which includes but is not limited to italk 2 Gold, italk 2 Connect LLU, italk 2 Connect, italk Loyalty, and variants; “Network” means public switched telecommunications network; “Private Use” means use for residential purposes as set out in clause 3; “Rates” means our Fees, Call Charges, Additional Charges and conditions applicable, in force from time to time and published on the website www.italktelecom.co.uk/rates; “RPI” means the Retail Prices Index or any official index replacing it from time to time; “Service(s)” means the installation, connection and supply to you of telephone, broadband and/or call services; “Termination Notice” means the notice you receive from us confirming that your Service has ended; “Website” means the italk website at www.italktelecom.co.uk
1.Supply of Services
1.1. Phone lines, phone calls and broadband are provided under our line rental and/or broadband packages. You will receive only one bill for both. If we accept your application for this Service, your contract with your existing provider may come to an end. You can apply to move your existing telephone number to our Network or obtain a new telephone number.
1.2. When you choose the standard italk Telephone and/or Broadband Services you are entering into a 12-, 18-, or 24-month contract.
You may cancel the contract at any time up until 12 noon on the working day immediately before the Activation Date. A Cancellation form is available by visiting the following link www.italktelecom.co.uk/cancellation This link will also be provided together with written confirmation of the Activation Date.
1.3. We reserve the right to refuse your application at our sole and absolute discretion.
1.4. In respect of our Services, we may carry out a credit reference check against your name. If, at our discretion, we are not satisfied following a credit reference check, we reserve the right to request an up-front deposit and/or impose credit conditions on your account, including, but not limited to, imposing a credit limit on your account. We will retain your deposit until such time as your agreement with us is terminated but may use your deposit at any time in respect of any unpaid and overdue charges on your account. We will continue to share information about you with credit reference agencies on an ongoing basis including information about your account(s) with us.
1.5. As soon as we receive and accept your Application for Service, we will pass your request to the relevant Network operator for it to be processed as soon as possible.
1.6. When we receive the relevant Network operator’s acceptance of your request, we will send you written confirmation of the Activation Date.
1.7.You must be at least 18 years old to apply for any of the Telephone and Broadband Services.
1.8. You agree that all details contained on your application shall be true, accurate and complete. You confirm that you are the Bill Payer / Account Holder or have the authorisation of the Bill Payer’s / Account Holder.
1.8.1 You agree to use our Services responsibly and in compliance with all applicable laws and regulations.
1.8. 2 You must not use our Services for illegal or harmful activities, including but not limited to:
1.9. When you join italk we may restrict calls to premium rate and/or international numbers. If you require access to these numbers or services, please contact Customer Care. Such access may be subject to credit status and may also require a deposit
1.10. Our standard contract has a minimum term of 12, 18, or 24 months. After the minimum term, the contract will continue on a rolling monthly basis under the same billing terms unless you provide 14 days’ written notice to discontinue the service. This notice must be given in writing before the next billing period to avoid additional charges. We will notify you via email, letter, or SMS 10-40 days before your contract ends, in compliance with Ofcom regulations. This notification will include the contract end date, your current price, any price changes, and details of our best available deals. Customers who remain out of contract will also receive an annual reminder about their status, including information on better deals available. Downgrades are not permitted during the minimum term, and if you cancel the service early, termination charges will apply. These charges, based on the remaining months of your contract, are detailed on our website at www.italktelecom.co.uk/rates
Please note that you cannot downgrade your plan during the minimum term. If you cancel your service or a product before the end of the Minimum Term, you will have to pay us an Early Termination Charge. This charge applies unless:
a. You are entitled to cancel under Condition 10.3.4 of this Contract; or
b. You are exercising your statutory right to cancel during the cooling-off period, as outlined below.
These charges will be calculated based on the remaining period of your contract.
Details of all our termination charges can be viewed on our website at www.italktelecom.co.uk/rates.
From time to time, faults may occur in the italk Broadband service and our products. We aim to resolve these faults as quickly as possible, typically within five working days of receiving notice from you. To diagnose and resolve faults, we may use technical data from our network and your devices.
The advertised download speeds for our Broadband products and variants are as follows:
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(i) |
italk Simply Broadband - average 10Mbps |
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(ii) |
italk Fast Fibre Broadband – average 35Mbps |
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(iii) |
italk Broadband Simply Fibre 50 – average 40Mbps |
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(iv) |
italk Broadband Simply Fibre 100 – average 80Mbps |
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(v) |
italk Superfast Fibre Broadband – average 63Mbps |
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(vi) |
italk Broadband Full Fibre 100 – average 115Mbps |
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(vii) |
italk Broadband Full Fibre 250 – average 220Mbps |
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(viii) |
italk Broadband Full Fibre 300 - average 330 Mbps |
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(ix) |
italk Broadband Full Fibre 500 - average 550 Mbps |
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(x) |
italk Broadband Full Fibre 1000 - average 999 Mbps |
1.11. A 12-month up-front line rental contract is available to customers on a pay up-front basis. You will be notified not later than 28 days prior to the end of the 12-month contract that your service will continue on a rolling monthly basis on regular billing terms unless you instruct otherwise, giving 14 days’ written notice that you would like to discontinue the Services with italk and terminate at the end of the 12-month contract. Further information on the 12-month contract is available on our website.
1.11.1 You may cancel the contract at any time up until 12pm on the working day immediately before the Activation Date by calling Customer Care, or in writing to italk, Unit 1 Gordon Mews, Gordon Road, Portslade, BN41 1HU. Otherwise, the advance payment is non-refundable. A Cancellation form is available by visiting the following link www.italktelecom.co.uk/cancellation Please note that italk cannot process any cancellation that arrives after this time. It is your responsibility when giving written notice to ensure such notice arrives before 12pm on the working day immediately before the Activation Date.
2. Our provision of the Services to you
2.1. We will provide Services with reasonable skill and care and in accordance with applicable laws and regulations.
2.2. When we have accepted your application, we will provide the following Services to you;
2.2.1. Telephone Services; and/or
2.2.2. Broadband Services
2.3. We will use reasonable efforts to provide you with a commencement date for your Services. Services will not begin during the Cancellation Period unless you expressly request this in writing.
2.4. We do not guarantee that the Services we provide will be fault-free or available at any particular time or continuously. You accept that Openreach may do some programming at your local phone exchange so that you can receive the Services. We do not accept any responsibility for errors or delays caused by Openreach while they are carrying out any setup or ongoing programming or call routing work.
2.5. The actual speed and performance of your Service will depend on various things, some of which are outside our control. For example, the technical capabilities of the devices you use to connect to the Services and of the Equipment (whether provided by us or not). You accept that we cannot guarantee that you will have maximum speeds at any time or that your connection will reach any specific speeds.
2.6. To ensure our Network performs consistently, we may manage applications across the Network at our discretion. This may include, but is not limited to, giving priority to web traffic and email over file sharing and streaming during times of high congestion.
2.7. In certain limited circumstances, we may not be able to provide you with your Services for technical reasons. If this happens, we will do our best to inform you promptly.
2.8. We may suspend your Services from time to time for operational reasons such as repair, maintenance, improvement or emergency: where practical, we will seek to provide notice of the same to you, but we reserve the right to do so without notice to you where it is reasonably necessary for us to do so. We will seek to restore the Services to you as soon as possible.
2.9. If there is a fault with your Services, please report it in accordance with our Code of Practice, available at www.italktelecom.co.uk/code-of-practice. We must be given a reasonable opportunity to repair any fault, which will be addressed within 30 days from the date you first report it. If necessary, we may arrange for an engineer to attend your home. If an appointment is arranged but missed, we reserve the right to charge an additional fee for rescheduling the appointment, including any associated administrative costs.
2.10. Any advice or information, whether spoken or in writing, provided by us to you will not create any guarantee that is not specifically referred to in these Terms and Conditions or the Code of Practice (Additional Charges and Rates referred to hereunder will be published on the Website).
2.11. For Broadband customers, you are fully responsible for:
2.11.1. Connecting a suitable microfilter to the Carrier’s master socket (and any extension sockets) at your premises, if required;
2.11.2. Connecting a suitable router/modem to the relevant port on the microfilter.
2.12. We accept no liability whatsoever for any loss you or any third party may suffer as a result of:
2.12.1. Your installation and/or setting up of any equipment to receive the Service, including but not limited to: loss caused by your installation of the Equipment or any Customer Apparatus; or
2.12.2. Any faulty Customer Apparatus, notwithstanding any list of suitable Customer Apparatus which we may publish on the Website.
2.13. If we supply you with any Equipment, you must agree to the terms of the relevant end-user agreement or third-party warranty related to the Equipment as we will not accept any liability as a result of any failure by you in this regard. Other than where required by law, any such Equipment is supplied ‘as is’ with no warranty from us as to its fitness for purpose or otherwise. We shall use reasonable endeavours to assist with reasonable queries you may have in respect of initial installation of the Service. However, to the extent that such queries relate to any problems which, following an initial diagnosis, may be outside our control or ability to remedy (including, but not limited to, Customer Apparatus or Equipment we provide), we do not guarantee that we shall be able to help resolve any such difficulties; such limited support shall be provided to you by telephone by you calling Customer Care.
2.14. The Company does not warrant that any particular Customer Apparatus shall be compatible with the Service, and we shall not be responsible for supplying or supporting any Customer Apparatus.
2.15 If you choose to change your broadband technology from Fibre to the Cabinet (FTTC) to an alternative technology provided by the Company—such as Fibre to the Home (FTTH), Fibre to the Premises (FTTP), or Single Order Generic Ethernet Access (SOGEA), collectively referred to as "New Technology"—you accept that you will not be able to revert to FTTC should you change your mind. The Company accepts no responsibility for any changes from FTTC to New Technology or the potential impact this may have on other services you use or plan to use.
Full Fibre (Fibre to the Premises)
2.16 For new services this may require engineer installation. For the broadband service, you will need to have 2 plug sockets available for the terminal equipment and one for the router.
2.17 For all digital telephone packages; if your home loses power, you will not be able to make or receive calls, this includes emergency calls. In case of emergency, you accept that you may need to use a different method to contact these services, so a mobile device, fully charged will be available to you.
5.8. When the Services end, we will either:
5.8.1. Refund any amount in credit on your account after we have deducted any amount you owe us under these Terms and Conditions; or
5.8.2. Issue a final invoice for the amount you owe, which will be due by the date shown on that invoice.
5.9. We accept payment only by Direct Debit, unless we agree otherwise with you. Before we can accept your Application, you must provide your name, address, and bank account details.
5.10. When we accept your Application, we will give you a credit limit that we may decide to increase when we set up a Direct Debit. If your credit limit is exceeded, you will still be liable for all charges incurred, we may suspend your service(s) and a deposit payment may be required prior to services being resumed. For details of all current charges please see our Rates published on the website. We reserve the right to change your credit limit from time to time.
5.11. We will invoice you from time to time (generally agreed to be every month, though we reserve the right to change this from time to time according to reasonable necessity) for all Call Charges, Fees and Additional Charges that you owe under this agreement since the last invoice we sent to you. Where there is a Direct Debit in place, you authorise us to collect any outstanding and/or overdue amounts using this payment method. In line with Bankers' Automated Clearing Services (BACS) rules, a failed Direct Debit payment can be represented up to 3 times. We will notify you at least 3 days in advance each time we apply for a Direct Debit payment.
5.12. We will deduct the payment on the due date shown on each invoice. If this due date falls on a weekend or a public holiday we will deduct the payment on the next working day after that date. If you do not have a Direct Debit mandate in place when the invoice is issued, the payment falls due immediately. In the event that a Direct Debit request is returned by your bank, or we receive notice of a debit or credit card chargeback request, we reserve the right to suspend your Service immediately and to charge an administration fee in line with our rates card.
5.13. If we make an error in our charges to you, under the Direct Debit scheme you are entitled to an immediate refund from your bank or building society. You may cancel a Direct Debit instruction at any time by writing to your bank or building society.
5.14. If you do cancel your Direct Debit or discontinue the bank account that you use to pay us, you must tell us immediately and provide us with an alternative method of payment acceptable to us. If you have provided us with your credit or debit card details, you agree that we may deduct payment (including all outstanding Call Charges, Fees and Additional Charges) from your credit or debit card account using a continuous payment authority. Your credit or debit card details will be stored as a ‘token’ and we reserve the right to take payment via this method at our discretion, if your Direct Debit payment fails or is cancelled. We will notify you in advance of any payment being taken from your credit or debit card. If you wish to remove this continuous payment authority you can do so by calling us or sending us an e-mail. Removal of the continuous payment authority may result in your Service being suspended in the event we cannot collect your Direct Debit payment.
5.15. Unless we agree otherwise with you:
5.15.1. We will charge a processing fee for any failed or cancelled Direct Debit payments and payments which you make other than that by Direct Debit; and
5.15.2. We will also charge a late payment processing fee if you fail to make payment by the due date. For further details please see our Rates published on the website at www.italktelecom.co.uk/rates
5.15.3 In respect of Services provided the method of payment is via a continuous payment authority. This requires you to provide us with your debit/credit card details. By providing us with your debit card details, you authorise us to deduct from your debit/credit card payments due to us (inclusive of Additional Charges, Charges, Call Charges and Apparatus) from your bank account. We will notify you in advance of payments being deducted from your account. If you wish to revoke your continuous payment authority to us, you can do so by calling us on 0333 210 4290 or by e-mailing us [email protected] Please note that in the event that you cancel a continuous payment authority relating to Services pursuant to 1.11.1 this may result in disruption to your service pursuant to 5.15.4.
5.15.4 We reserve the right to suspend or terminate your Service in the event that payment is not made by the due date. We may, from time to time, suspend your service sooner at our absolute discretion. Instances where we may do so include, but are not limited to, you exceeding your credit limit.
5.16. If you disagree with any item on your invoice, you must notify Customer Care in writing within 30 days of the date of the invoice. After that time, you are deemed to have accepted the invoice.
5.17. If we accept that it is our mistake, we will refund any amounts that we have wrongly charged to your account within 30 days of receiving notice from you. If you are unhappy with our decision, please refer to the dispute resolution process set out in our Code of Practice.
5.18. We may charge interest at a rate of 4% above Barclays Bank plc’s base rate (as applicable from time to time) on any amount remaining unpaid 30 days after the invoice date, in accordance with these Terms and Conditions. This interest will accrue daily from 30 days after the payment due date until the total outstanding balance is paid in full, regardless of whether this agreement has ended. Please note that in such circumstances, we may also suspend or terminate your Services immediately, as outlined in clauses 10.3.1, 10.3.2, and 10.3.3 below.
5.19. You agree to pay all reasonable costs incurred when collecting any outstanding sums from you, including any agents or solicitors’ costs.
6. Price Increases
6.1 We may at our sole discretion increase our prices from time to time and reserve the right to increase our prices. Some increases may give you the right to terminate your Services with us without paying a cancellation charge. We will notify you in writing or by e-mail 30 days in advance of any planned price increase.
7. Your personal information and privacy
7.1. You agree that we may retain and process the personal information you provide to us, including information about yourself, your address, and other details, for purposes such as marketing, business creation and development, management reporting, communications (manually and/or via a computer database), billing, and assessing your use of the Services pursuant to clause 3.2. We will act as the data controller for this information in accordance with applicable data protection laws.
7.2. Unless you have already notified us otherwise during the application, you agree we may also use your data for marketing purposes. This may include providing your data to carefully selected third parties. If you do not want to receive marketing material from us or our associated companies, then you should advise us of this immediately by contacting our Customer Care Team.
7.3. For further details please see our Privacy Policy at www.italktelecom.co.uk/privacy-policy
7.4 The emergency services may use your details to identify you. It is your responsibility to keep your contact information up to date should anything change.
8. Warranties and liability
8.1. We do not limit our liability, or any liability we may have to you, under section 2.1 of the Unfair Contract Terms Act 1977 or Part 1 of the Consumer Protection Act 1987.
8.2. Except as expressly stated herein, we shall not be liable to you under or in connection with this agreement:
8.2.1. For any loss that we could not have reasonably been expected to foresee at the start of the contract, even if you had previously made us aware of these special circumstances;
8.2.2. For any loss of business, contracts, profits, anticipated savings, goodwill, or revenue; and/or
8.2.3. Any loss or corruption of data.
8.3. We do not provide you with any telephone equipment as part of the Services and are not liable for any problems you might experience with any telephone equipment you use with the Services.
8.4. For any Equipment provided to our broadband customers you must return any Equipment that:
8.4.1. You report is faulty; and/or
8.4.2. We recall as it may need replacement for technical reasons.
8.5. With every modem, router, filter or cable supplied by us we will:
8.5.1. Pre-configure it for you and deliver it to your notified premises, being the address supplied in your Application (while we will use reasonable endeavours to deliver the Equipment to you within such timescales as may have been advised to you verbally or otherwise, such timescales do not constitute a guarantee and you agree that time is not of the essence in respect of delivery); and
8.5.2. Provide a returns process as follows: you should notify us of any fault in the Equipment by telephoning 0333 210 4290 or emailing us at [email protected]; and
8.5.3. A diagnosis will then be carried out, and if it is determined that the equipment hardware is at fault and the Equipment is still covered by warranty, we will send a replacement to your premises.
8.6. Any equipment supplied shall at all times remain the property of us or the relevant third-party supplier of such Equipment, notwithstanding that it may be situated on your premises or affixed thereto, and you shall at all times be responsible for making clear to third parties that such Equipment is the property of us or a third-party supplier of such Equipment.
8.7. Notwithstanding clause 8.6 above, you shall be responsible for ensuring at all time the safekeeping and proper use of the Equipment after delivery and installation at the premises. You shall be liable to us for any loss or damage to the Equipment (except where it can be shown that such loss or damage was caused by our negligence or due to fair wear and tear). You will notify us immediately of any such loss or damage and in particular (without prejudice to the generality of the foregoing) you undertake:
8.7.1 To keep the equipment at the premises and not to move it;
8.7.2. To comply with the manufacturer’s instructions relating to the Equipment and/or all instructions we may notify to you;
8.7.3. To refrain from altering, adjusting, repairing, maintaining or otherwise interfering in any way with the Equipment except by our authorised representative or with our written consent, save in the case of emergency and provided that you advise us immediately thereafter of the emergency action taken and circumstances requiring it. You shall indemnify us against any losses we may incur due to such action by you; and
8.7.4 Not to cause any equipment to be connected (directly or indirectly) to the Equipment or used with the Services which is not technically compatible with the Services or is not approved for that purpose under any relevant legislation or telecommunications industry standard.
8.8. You shall at your own expense provide and maintain for the duration of your contract with us a suitable environment, accommodation, facilities and electrical power for the Equipment in accordance with the relevant installation standards and regulations in order for us to be able to provide the Services.
9. Disputes
9.1. All customer disputes and complaints shall be dealt with in accordance with the procedures set out in our Complaints Procedure, found at www.italktelecom.co.uk/customer-feedback and we will seek in good faith to resolve them with you.
9.2. If you are not satisfied with the way we have dealt with your complaint after you have exhausted our escalations process set out in the Complaints Procedure, you may be able to refer the matter to the independent ombudsman scheme that we are a part of. Details of the independent ombudsman can be found within the Complaints Procedure.
10. Ending the Service or moving home
10.1. You may terminate your contract at any time in writing. You may be liable for a termination charge or risk losing non-refundable costings pursuant to clauses 1.10 and 1.11 depending on your length of contract. Please see the Rates section of the website at www.italktelecom.co.uk/rates for full details.
10.2. From the Activation Date, we will provide the Service to you unless and until it ends in one of the ways described below.
10.3. We can suspend or end the Service immediately if:
10.3.1. You break any of these Terms and Conditions;
10.3.2. You fail to pay the sums due for the Services after we have given notice that your payment is overdue, or your chosen payment method appears not to be valid in accordance with these Terms and Conditions;
10.3.3 In accordance with 10.3.2, if we suspend your Services due to an overdue account, we reserve the right to charge suspension fees for each suspension to your Services. The current rates are available on our rates card located at www.italktelecom.co.uk/rates
10.3.4. For reasons outside our control, we cannot continue to provide the Services;
or
you use abusive or threatening behaviour while using the Service (including towards our staff or Customer Care agents).
10.4. If we end our contract with you under clauses 10.3.1, 10.3.2, or 10.3.4, we may charge you for any reasonable costs we have to pay to disconnect you. You may also, in our own discretion taking account of all of the circumstances, be liable for an early termination charge pursuant to clause 1.10 or loss of non-refundable costings as per clause 1.11 depending on your length of contract.
10.5. If we cease providing the Services under clause 10.3.4, we will seek to give you at least seven days’ notice in writing insofar as is reasonably practicable in the circumstances.
10.6. Upon termination of any Services for any reason, we will send you a Termination Notice and all sums outstanding and any Additional Charges arising as a result of such termination shall become due and payable immediately.
10.7. If you move home within the UK, you may be able to continue to receive the Service with us on your new line. It may require an engineer to visit your new premises (subject to a fee under our published Rates). Please note that your contract with us will continue in any event until it is ended in accordance with these Terms and Conditions. An early termination fee will still apply if you seek to end or cancel the Service during the minimum contract term.
10.7.1 If you move home, we may enter you into a new contract. We will let you know when we set this up for you.
10.8. If you wish to continue to receive the Services you must provide us with notice, including your new address and an alternative contact number, as soon as possible. Provided you give us 30 days’ notice of the move, we aim to move your Services with no disruption, although the Service may be disrupted during the move due to external factors and you will continue to be responsible for all our Fees and chargeable Rates during this period. If you are unable to receive the Service for any period of time from 30 days after giving us notice, except where the fault is with your Customer Apparatus or where you have refused to pay for a necessary engineer in accordance with our advice, we will refund you pro rata for any days without Service on your next billing date.
10.9. We will in most cases charge you reasonable costs for moving the Service to your new address, which will vary according to your setup. For further details please see the rates published on the Website at www.italktelecom.co.uk/rates
11. Contacting us
11.1. Written notice given under this contract may only be delivered by post or email to the following addresses:
11.1.1 To us at the relevant address given on our contacts page located at www.italktelecom.co.uk/contact
11.1.2 To you at the relevant postal or email address provided as part of the details which you submit during the registration process or any alternative address that you provide to talk.
11.2. Notices given under this contract must be made to our Customer Care Team by telephone or in writing.
12. Changes to the Contract
12.1. We may change the terms of this Contract from time to time. Changes will be posted on our Website. Please check this regularly for updates.
12.2. If such changes are to your material detriment, in addition to publishing details of such changes on the Website we will seek to contact you giving you at least one month’s notice) using one or more of the contact details provided by you in your Application. Such notice will most commonly appear on your bill the month immediately before the changes take effect. If we increase any of our rates of charges to your material detriment, and you object to such change, you will not have to pay a charge to terminate your contract early or move to another italk package; however, you must inform us within 7 days of us providing you with the notification of the relevant change.
12.3 If we have to make any changes to these Terms and Conditions due to matters outside of our control, such as changes in regulations, taxation, or legal requirements, then we will let you know of these requirements and any such changes. In such circumstances, you will not be able to end your service early without a termination charge. Any charges or loss of deposit are in accordance with clauses 1.10 and 1.11 above, depending on the length of your contract.
13 Other
13.1. You cannot assign (transfer) your rights or responsibilities under this agreement without our permission in writing. We may refuse our permission.
13.2. Neither party shall be considered to have waived any right under these Terms and Conditions due to failure or delay in exercising that right.
13.3. Unless these Terms and Conditions say otherwise, any notice, invoice, or other document given to you hereunder will be considered served if it is in writing and left at or sent by post to, the address in the United Kingdom shown on your Application form, or any other UK address that you have provided.
13.4. These Terms and Conditions exclude and do not create or allow any rights under the Contracts (Rights of Third Parties) Act 1999 that are enforceable by any person who is not a party to it, but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14.This agreement is governed by English law, and you and we agree that disputes arising hereunder can only be dealt with in the courts of England and Wales.