Terms -

Terms

MARINA TELECOM CARRIER PRE SELECT SERVICE TERMS AND CONDITIONS

The following Terms and Conditions are in two parts. Part A applies generally, and Part B relates specifically to the Marina Telecom Service. Please read the entire document before submitting your Application and commencing use of the Marina Telecom Service.

A. GENERAL TERMS

1. DEFINITIONS

In these Terms and Conditions, unless the context otherwise requires, the following definitions shall apply:

“Application” means your application to subscribe to the Marina Telecom Service by completing and submitting the Service Agreement;
“Service Agreement” means the agreement governing the supply of the Marina Telecom Service to you and incorporating these terms and conditions;
“Marina Telecom Service” means the ”Carrier Pre-Select” service and associated residential customer service activities provided by Marina Telecom to you on the terms and conditions contained in this document;
“Telephone Number” means the telephone number notified by you to us for use with the Marina Telecom service;
“We”, “Our”, “Us” means Marina Telecom Ltd (registered company number 07028935);
“You”, “Your” means you, the customer.
“Termination Fee” means the termination charge the Customer must pay should they fail to give the minimum 90 day’s written notice to our customer service centre in the event they wish to terminate the Marina Telecom Service.

2. Customer Service Centre

The Customer Service Centre can be reached on 01437 760 200 or 01480 211 000 daily excluding weekends, bank and other public holidays. For further information please write to Marina Telecom Ltd, Camrose Lass, Portfield Gate, Haverfordwest, SA62 3LS or refer to the Marina Telecom website at www.marinatelecom.co.uk.

3. INTERRELATION WITH TELECOMMUNICATIONS SERVICE PROVIDER

Marina Telecom Service must be used in addition to the service provided by British Telecom. Accordingly nothing in these conditions varies your contract with BT and you will continue to be billed by BT for any services provided to you by it including but not limited to, hardware maintenance or calls which are not appropriate to route via an alternative carrier (in which case the call will pass back to BT).

4. MISUSE OF THE SERVICE

You will ensure that the Marina Telecom Service is not used:

for transmission of any material which may be defamatory, offensive or of an obscene or menacing character; or
You will indemnify us against all reasonable costs, liabilities, claims, losses and proceedings arising out of such misuse of the Marina Telecom Service.

You will indemnify us against all reasonable costs, liabilities, claims, losses and proceedings arising out of such misuse of the Marina Telecom Service.

5. LIMITATIONS

We shall not be liable for any losses made through non-residential, business use of the Marina Telecom Service. We shall not be liable for any costs or losses that are not reasonably foreseeable, and our liability shall be limited to £2 million for any event or series of events (but subject always to the following paragraph). Nothing in these Terms and Conditions affects or will affect your statutory rights as a consumer or excludes or limits our liability for death or personal injury as a result of our negligence or from liability arising by virtue of Part 1 of the Consumer Protection Act 1987.

6. GENERAL

Neither you nor we will be liable for breach of these Terms and Conditions (except in relation to obligations to make payments hereunder) due to matters beyond our reasonable control, including but not limited to, any act of God, severe weather, failure or shortage of power supplies, flood, drought, lightning or fire, labour shortage or labour dispute, the act or omission of Government, highways authorities, other telecommunications operators or administrations or other competent authority, war, military operations or riot. We may assign our rights and obligations under the Service Agreement incorporating these Terms and Conditions to any other person on one month’s written notice to you.
The Marina Telecom service is only provided to customers resident at UK mainland and Northern Ireland.
The Service Agreement incorporating these Terms and Conditions is governed by English Law and you and we agree to submit to the non-exclusive jurisdiction of the English Courts.

B. TERMS AND CONDITIONS FOR MARINA TELECOM SERVICE

1. COMMENCEMENT OF SERVICE

You will in most circumstances be able to begin using the Marina Telecom Service within 14 days. Any delays in commencement of our provision of the Marina Telecom Service may arise because of rejections by BT.

2. BILLING, PAYMENT AND VAT

You will be required to enter into a Direct Debit arrangement with us. You will receive a monthly itemised bill, on which will be printed an advance notice period stating when your payment will be collected. If you elect to pay by Direct Debit, the advance notice period will be a minimum of fourteen days from the Tax Point printed on your bill. In line with our competitors Marina Telecom reserve the right to charge £10.00 surcharge for non DD payers. Please notify Marina Telecom immediately if you think there may be an error in the itemised bill by contacting our Customer Service Centre.

Payment will be due on presentation of the direct debit to your designated bank.

4. DURATION AND CANCELLATION OF SERVICE

After an initial 1 month trial period, the customer may terminate the Marina Telecom Service at any time but we ask that you give 90 days written notice to our Customer Service Centre. Customers who fail to give 90 days written notice of termination are subject to a Termination Fee equivalent to 50% of the cost of three calendar months of a combined figure for call charges & line rental, based on an annual mean calculation. An additional fee of £50 (one off) will be charged should the customer terminate ADSL / FTTC service. After the 90 day notice period it will normally take 10 working days for BT to deactivate the service. We may terminate our provision of the Marina Telecom Service to you on one month’s prior written notice to you.

you fail to make any payment in relation to the Marina Telecom Service within 30 days of the due date;
you exceed your account limit;
you do not make use of the Marina Telecom Service and/or you relocate to an area where the Marina Telecom service is not available (as set out in the paragraph 6 above);
we have reasonable grounds to suspect misuse (as set out above) in connection with the Marina Telecom Service provided to you; or
bankruptcy or insolvency proceedings are brought against you or you make an arrangement with your creditors or a receiver or administrator is appointed over any of your assets or you go into liquidation.

If we terminate or suspend our provision to you of the Marina Telecom Service under this paragraph we will do so without prejudice to our rights to claim for any damage to us resulting from your breach of these Terms and Conditions. On termination or cancellation howsoever occasioned all monies outstanding in connection with our provision of the Marina Telecom Service to you are payable.

5. YOUR DETAILS

You agree to keep Marina Telecom up to date with your accurate contact details. You will notify Marina Telecom promptly and in any event within 14 days of any change of address or Telephone Number. Please note that there may be a delay of up to 14 working days between notification of variation of your Telephone Number and your ability to resume use of the Marina Telecom Service using your new Telephone Number. We will hold the details you provide to us together with other information relating to the conduct of your account on file (and will also pass them to our Customer Service Centre) for billing and administration purposes. Unless you inform us otherwise by indicating in the designated place on the Service Agreement we may also use your details to send you information on other services which we think may be of interest to you. In order to operate the Marina Telecom Service we will disclose your Telephone Number but not your name to telecommunications service providers. Prior to acceptance of your Application to receive the Marina Telecom Service we may disclose your details to a credit reference agency or search the files of one or more credit reference agencies in order to check your status for credit purposes.