"Act" means the Telecommunications Act 1984 and amendments to the Act that may be made from time to time.
"Agreement" means the agreement between the Service Provider and the Subscriber for the provision of Network Services incorporating these terms and conditions and the Order Form.
"Connection Date" or "live date" means the date when the Service Provider is in a position to and has agreed to commence provision of the Network Service to the Subscriber
"Number Translation Service" means any telecommunications service provided by Sparta Telecomwhich commences with a non-geographic code requiring translations for onward routing to the Subscriber and including services such as 0800 free phone, 0845 local rate, 0870 and 0871 national rate and premium rate telephone call facilities.
ďAbuseĒ means the use of foul and abusive language, threats or any other form of abuse toward staff.
"Network Services" means the provision and/or rental of PSTN or ISDN lines or per minute access to network capacity, as is required to complete voice telephone calls and data transmission domestically or internationally via the public switched telephone network, by the Service Provider to the Subscriber.
"Service Provider" means Sparta Telecom Limited, by whom this Agreement is made and the expression "Service Provider" includes the Service Provider's permitted assignees, employees and agents.
"Credit Reference AgenciesĒ means checking with agencies such as Experian the credit record of customers, for credit scoring and indications of fraud.
"Subscriber" means the person, firm or company specified on the Order Form (Section 1& 2) with whom this agreement is made and includes where relevant the Subscriber's permitted assignees, employees and agents.
"Subscriber Details" means the service numbers of lines to be connected to the Network Services.
"DPA" means the Data Protection Act.
"POA" means Power of Attorney
2.1 The Service Provider undertakes to use all reasonable endeavours to supply the Network Services to the Subscriber as and from the Connection Date subject to and on the terms of this Agreement.
2.2 The provisions of the Contract will not affect the statutory rights of a Customer who is acting for purposes which are outside the Customer's trade, business or profession.
2.3 Where an order is placed by the Customer acting for purposes which are related to the Customer's trade, business or profession, it will be deemed a business to business transaction to which the Consumer Protection (Distance Selling) Regulations 2000 as amended by the Consumer Protection (Distance Selling) (Amendment) Regulations 2005 do not apply.
3.1 If Sparta Telecom installs the Equipment the Customer:
(a) agrees to prepare the Site according to any instructions Sparta Telecom may give and to provide Sparta Telecom with reasonable access to the Site for the purposes of the Contract; and
(b) will obtain any permission needed, including permission for any changes to the Site.
3.2 The Customer and Sparta Telecom will meet each other's reasonable safety and security requirements when on the Site. If the Customer or Sparta Telecom damages the other's equipment it must pay for any repair or replacement needed. This does not apply where the damage results from normal use.
4.11 Sparta Telecom will try to supply and install the Equipment by any date agreed with the Customer, but all dates are estimates.
4.2 If the Customer delays or prevents the delivery or installation of the Equipment, Sparta Telecom may apply reasonable additional charges and/or claim a reasonable extension to any date agreed under clause 1.5. Sparta Telecom will notify the Customer in writing of any additional charges or charges will be as set out in the Sparta Telecom Price List, which the Customer will pay directly to Sparta Telecom
4.3 The Customer is responsible for making the Site good, after any work undertaken by Sparta Telecom at the Site, including putting items back and for re-decorating.
4.4Where Openreach engineers attends a customer's premises to make connections to any socket, Once completed any interference or changes within that socket connection cannot be made without express permission from Sparta Telecom. If the customer or any third party, inspect, change, remove, add or alter any wires without authority from Sparta Telecom, then the customer agrees to pay Sparta Telecom £197 + vat for un authorised engineering work, regardless if the customers line is affected or not. Work on the customer's line can only be carried out by Openreach engineers upon receipt of a Sparta Telecom special Order No.
4.5If Sparta Telecom installs the Equipment, Sparta Telecom will test it to ensure that it is ready for use. Acceptance of the Equipment by the Customer will take place on the earlier of: (a) the date when Sparta Telecom notifies the Customer that the Equipment has passed Sparta Telecom's tests and is ready for use; or (b) the date when the Customer begins to use the Equipment.
4.6If Sparta Telecom does not install the Equipment, acceptance of the Equipment by the Customer will take place when the Customer takes delivery or possession of the Equipment.
4.7Acceptance will not be prevented by minor faults that do not affect the Equipment's performance, but Sparta Telecom will fix those minor faults within a reasonable time.
4.8 Until it has paid for the Equipment, the Customer will:
(a) keep the Equipment safe and only use it in accordance with any instructions Sparta Telecom may give;
(b) not move the Equipment or any part of it from the Site;
(c) ensure that the Equipment is without risk to health;
(d) only use or allow the Equipment to be used for any purpose for which it is designed;
(e) not make any alterations or attachments to the Equipment without Sparta Telecom's prior written consent. If Sparta Telecom gives its consent, any alterations or attachments will become part of the Equipment;
(f) not sell, charge, assign, transfer or dispose of or part with possession of the Equipment or any part of it;
(g) not allow any lien, encumbrance or security interest over the Equipment, nor pledge the credit of Sparta Telecom for the repair of the Equipment or otherwise;
(h) not claim to be owner of the Equipment and ensure that the owner of the Site will not claim ownership of theEquipment, even if the Equipment is fixed to the Site;
(i) indemnify Sparta Telecom against all claims and proceedings arising from the Customer's use of the Equipment or if the Equipment is stolen or damaged as a result of the Customer's negligence or gross misconduct. The Customer willkeep Sparta Telecom informed of anything which may affect the rights of Sparta Telecom, or involve Sparta Telecom in any proceedings, loss or liability.
4.9 Where the Contract includes delivery or installation, risk passes to the Customer on delivery of the Equipment, but the Customer will not be liable for any loss or damage that is caused by Sparta Telecom's negligence.
4.10 Where the Contract does not include delivery or installation risk passes to the Customer when the Customer takes possession of the Equipment.
4.11 Ownership of the Equipment, (except for the Intellectual Property Rights) will pass to the Customer on payment in full of the charges as detailed on the Order Form.
4.12 Until payment in full:
(a) the Equipment will appear in the Customer's books in the name of Sparta Telecom; and
(b) in the event of Bankruptcy or threatened seizure of the Equipment, the Customer will immediately notify Sparta Telecom and Sparta Telecom may take action to repossess the Equipment. The Customer will also notify interested third parties of Sparta Telecom's ownership of the Equipment.
4.13 If, for 12 months (or any other period notified to the Customer by Sparta Telecom in writing) from acceptance of the Equipment, Sparta Telecom is notified of a fault in the Equipment which is due to faulty design, manufacture or materials, or the negligence of Sparta Telecom, Sparta Telecom will where necessary by arrangement with the Customer, replace or (at its option) repair the faulty part free of charge provided that:
(a) the Equipment has been properly kept, used and maintained in accordance with the manufacturer's or Sparta Telecom's instructions, if any, and has not been modified except with Sparta Telecom's written consent; or
(b) the fault is not due to accidental or wilful damage; interference with or maintenance of Equipment by persons other than Sparta Telecom; or (c) the fault is not due to faulty design by the Customer where the Equipment has been manufactured to the Customer's design.
4.14 This guarantee does not cover fair wear and tear.
4.15 Unless agreed otherwise by Sparta Telecom in writing, where Equipment is installed by the Customer, the Customer will normally be required to return faulty Equipment to Sparta Telecom (where necessary, by arrangement with the Customer).
4.16 If the Customer reports a fault and Sparta Telecom finds there is none or that the Customer has caused the fault, Sparta Telecom may apply a charge.
4.17 Except where the Customer relies on Sparta Telecom's written advice, it is the Customer's responsibility to satisfy itself as to the suitability of Equipment for its needs.
4.18 Sparta Telecom does not warrant that the Software supplied under the Contract will be free of all faults or that its use will be uninterrupted, but Sparta Telecom will remedy those defects which significantly impair performance (where necessary by arrangement with the Customer) within a reasonable time.
4.19 The Customer is responsible under Regulation 9 of the Waste Electrical and Electronic Equipment Regulations 2006 ("the WEEE Regulations") for the costs of collection, treatment, recovery, recycling and environmentally sound disposal of any equipment supplied under the Contract that has become waste electrical and electronic equipment ("WEEE"). Sparta Telecom and the Customer acknowledge that for the purposes of Regulation 9 this clause is an agreement stipulating other financing arrangements for the collection, treatment, recovery, recycling and environmentally sound disposal of WEEE.
4.20 The Customer is responsible for any information recording or reporting obligations imposed by the WEEE Regulations. The Customer will indemnify Sparta Telecom against any claims or legal proceedings that are brought or threatened against Sparta Telecom by a third party which would not have been caused or made had the Customer fulfilled its express or implied obligations under this clause or in connection with the WEEE Regulations. Sparta Telecom will notify the Customer of any such claims or proceedings and keep the Customer informed as to the progress of such claims or proceedings.
5.1 The charges are as detailed on the Order Form.
5.2 Sparta Telecom will send bills for payment on the 15th of each month for any charges to the address notified by the Customer to Sparta Telecom.
5.3 Unless otherwise stated, charges: (a) include delivery within the UK. (b) are exclusive of VAT which is chargeable at the applicable rate.
5.4 If payment of any charge becomes subject to withholding tax, levy or similar payment obligation imposed by a foreign tax authority on sums due to Sparta Telecom under the Contract such withholding tax amounts will be borne and paid for by the Customer in addition to the sums due to Sparta Telecom. The Customer will provide Sparta Telecom without charge the appropriate certificate(s) from the relevant authorities confirming the amount of withholding taxes, levies or similar payments borne and paid for by the Customer.
5.5 If a customer has trouble paying bills or manages their account in a way that arrears occur, then Sparta Telecom, reserve the right to alter the payment frequency from quarterly to monthly in order to help the customer manage their account. If Sparta Telecom decides to change the payment frequency, then the customer will receive this notice in writing via post/email before the change is made.
5.6 As part of its credit management procedures Sparta Telecom may at any time
(a) require the Customer to pay a deposit; and/or
(b) carry out a credit vet of the Customer. The Customer agrees to provide Sparta Telecom with any information that Sparta Telecom may reasonably require for this.
5.7 Payment is due on the date specified on the bill.
If the Customer disputes any charge on a bill the Customer must notify Sparta Telecom in writing within 6 months of the date of the bill with all relevant information. Where the disputed amount is:-
(a) less than 5% of the total bill, the Customer will pay the full amount of the bill; or
(b) more than 5% of the total bill, the Customer must pay the amount not in dispute. Any disputes will be resolved promptly and the resolved amount if any is payable immediately.
7.1 We will apply a termination charge if you stop your service when still within your contract term. When you sign up for a minimum term service, the costs of that service are spread across the term period, for example over 12, 18 or 24 months. Early Termination charges are applied to recover the costs of the service provided to you over the minimum contract period.
7.2 Early Termination charges apply to all our products or service taken out.
7.3 If you terminate your 12 months or Longer Term contract before the expiry date, you are liable to pay us a termination charge as follows:
Note: A Termination charge doesn't attract VAT. Examples:
7.4 If terminating a 18 months contract after three months, the remaining 15 months rental will be charged, i.e. £12.99 per month line rental x 15 months remaining = £194.85 Termination charge
7.5 If terminating a Longer Term contract i.e. 24 months after six months, the remaining eighteen months rental, for the remaining contract term will be charged. £12.99 per month line rental x 18 months remaining = £233.82 Termination Charge
7.6 In accordance with the conditions for Sparta Telecom, if you terminate the contract within the minimum period, you will have to pay us any applicable rental charges for the remainder of the minimum period.
8.1 If Sparta Telecom does not receive payment by the due date, Sparta Telecom may charge the Customer daily interest on late payments at a per annum rate equal to 8% above the base lending rate of the Bank of England, compounded daily, for the period beginning on the date on which payment is due and ending on the date on which payment is made.
8.2 If the Customer does not pay a bill, Sparta Telecom may instruct a debt collection agency to collect payment (including any interest) on its behalf. If Sparta Telecom instructs an agency, the Customer must pay Sparta Telecom an additional sum. This will not exceed the reasonable costs Sparta Telecom has to pay to the agency, who will add the sum to the Customer's outstanding debt on Sparta Telecom's behalf.
8.3 An arrears notice will be issued to the customer with the outstanding amount and data to be paid. An admin charge of £40 will be added to the customer's total bill each time a default notice issued.We may also decide to suspend the line, which means that you will lose all outbound services.
8.4 A Default notice will be issued if payment is still outstanding despite the customer being informed and given time to pay. In this case when the default notice is issued, Credit reference agencies will be informed, and an entry will be applied to the customer's credit record. PLEASE NOTE: This could mean that you may have trouble getting credit in the future.We may also decide to cease the line, which means that you will lose all services and number, and you will not be able to transfer to another provider
8.5 If any sum owed by the Customer to Sparta Telecom under the Contract or any other contract the Customer has with Sparta Telecom is not paid by the due date, Sparta Telecom may deduct this sum from any payment or credit due to the Customer under the Contract or any other contract with Sparta Telecom.
8.6 In accordance with the conditions for Sparta Telecom, if you terminate the contract within the minimum period, you will have to pay us any applicable rental charges for the remainder of the minimum period.
If any sum owed by the Customer to Sparta Telecom under the Contract or any other contract the Customer has with Sparta Telecom is not paid by the due date, Sparta Telecom may deduct this sum from any payment or credit due to the Customer under the Contract or any other contract with Sparta Telecom.
Sparta Telecom may check the Customer's details with a fraud prevention agency. If the Customer provides information that Sparta Telecom reasonably believes to be false or incorrect and Sparta Telecom suspects fraud, Sparta Telecom may record this information witha fraud prevention agency. Sparta Telecom and other organisations may use and search this information.
11.1Neither the Customer or Sparta Telecom excludes or restricts in any way its liability under or in connection with the Contract for death or personal injury caused by its negligence or to any extent not permitted by law.
11.2Subject to clauses 10.1 and 10.3, the Customer and Sparta Telecom's liability to the other under or in connection with the Contract for all and any direct loss or damage arising from any one incident or series of connected incidents is limited to
(a)£1,000 for loss of or damage to physical property; and
(b)for all other loss or damage, the greater of either
(i) £25,000; or
(ii) 125% of the amounts payable by the Customer under the Contract.
11.3Neither the Customer or Sparta Telecom will be liable to the other (whether in contract, tort, under statute, for misrepresentation or otherwise (including in each case negligence) and whether or not the party concerned was advised in advance of the possibility of such loss or damage, for:
(a)any of the following types of loss or damage whether direct, indirect or consequential howsoever arising under or in connection with the Contract or any part of it: loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of business, wasted expenditure, loss from business interruption, loss or destruction of data, loss of contracts, loss from expenditure of time by managers and employees, liability to third parties, pecuniary losses arising from goodwill, or loss of or damage to goodwill; or
(b)any indirect or consequential loss or damage whatsoever.
11.4Nothing in this clause 10 or in the Contract excludes or limits the Customer's liability to pay (without set off) the charges.
11.5The limitations of liability referred to in clauses
11.6and 10.3 will not apply in respect of claims brought under clauses 3.1(i), 11.5 or 11.6.
11.7Each part of this clause 10 operates separately. If any part of the clause is held by a Court to be unreasonable or inapplicable the rest of the clause will continue to apply.
12.1 All Intellectual Property Rights whether pre-existing or created by the Customer or Sparta Telecom during or arising from the performance of the Contract will remain the absolute property of that party or its licensors.
12.2 If Software is provided to enable the Customer to use the Equipment, Sparta Telecom grants the Customer a non-exclusive and non-transferable licence to use the Software in object code form solely as necessary for its own use of the Equipment and solely in accordance with the Contract and the applicable documentation
12.4Except as permitted by applicable law or as expressly permitted under the Contract the Customer agrees not to copy, de-compile or modify any Software, or or knowingly permit anyone else to do so.
12.5 Sparta Telecom will indemnify the Customer against all claims and proceedings arising from infringement of any third party's Intellectual Property Rights by Sparta Telecom's provision of the Equipment to the Customer. This indemnity will not apply to claims or proceedings arising from:
(a) use of the Equipment or Software in conjunction or combination with other equipment or software or any other service not supplied by Sparta Telecom; or
(b) any unauthorised modification of the Equipment or Software; or
(c) content, designs, specifications or software supplied by or on behalf of the Customer; or
(d) use of the Equipment or Software other than in accordance with the Contract; or
(e) breach by the Customer of clause 11.3. In relation to any claim or allegation of infringement the Customer will promptly notify Sparta Telecom in writing and must not make any admission without Sparta Telecom's prior written consent. The Customer will allow Sparta Telecom sole conduct of all negotiations and proceedings and give Sparta Telecom all reasonable assistance in doing so. Sparta Telecom will pay the Customer's reasonable expenses for such assistance.
12.6 If the Equipment becomes, or Sparta Telecom believes it is likely to become, the subject of a claim of infringement of any Intellectual Property Rights Sparta Telecom, at its option and expense, may:
(a) secure for the Customer a right of continued use: or
(b) modify or replace the Equipment so that it is no longer infringing, provided that modification or replacement must not materially affect the performance of the Equipment. If the indemnity in clause 11.5 applies and none of the remedies in this clause is available to Sparta Telecom on reasonable terms, Sparta Telecom may notify the Customer and collect the Equipment from the Site and refund the Customer the sums paid to Sparta Telecom for the Equipment.
12.7 The indemnity in clause 5 sets out the Customer's sole and exclusive remedy for infringement of Intellectual Property Rights.
13.1 Subject to clause
13.2 Sparta Telecom and the Customer will keep in confidence all Confidential Information obtained under or in connection with the Contract and will not disclose it to any party other than in confidence to:
(a) their employees or employees of their Group Companies; or
(b) their professional advisers; or
(c) in the case of Sparta Telecom, employees of their subcontractors or suppliers who have a need to know such Confidential Information and to the extent necessary for performance of the Contract or use of the Equipment.
13.3 Clause 8 will not apply to information which is:
(a) in the public domain other than through a breach of the Contract; or
(b) in the possession of the Customer or Sparta Telecom without confidentiality restriction before disclosure under the Contract; or
(c) developed by the receiving party independently of and without access to Confidential Information obtained under the Contract.
13.4 If either Sparta Telecom or the Customer receives a demand from a lawful authority, regulatory authority or court to disclose any Confidential Information provided to it by the other, it may comply with such demand if it has:
(a) satisfied itself that the demand is lawful;
(b) given the other party the maximum written notice permissible under the demand in which to make representations; and
(c) marked the required information as the Confidential Information of the other party.
13.5 The Customer and Sparta Telecom acknowledge that breach of clauses 11.8 to 11.10 may cause irreparable harm for which damages may not be an adequate remedy and that injunctive relief may be available for such breach.
13.6 Information Sparta Telecom holds about the Customer may be used for fraud prevention and credit vetting purposes and this may include Sparta Telecom sharing such information with third party companies including other communication companies.
13.7 Where the Freedom of Information Act 2000 applies to the Customer and the Customer receives a request under the Act that includes any information held by the Customer that was provided by Sparta Telecom in connection with the Contract the Customer will:
(a) notify Sparta Telecom immediately of the request; and
(b) give Sparta Telecom at least five Working Days to make representations.
14.1(a) If the Customer or Sparta Telecom is prevented, hindered or delayed from performing any obligation under the Contract because of something beyond its reasonable control including: act of God, natural disaster, lightning, flood, subsidence, earthquake, weather conditions, epidemic, pandemic, fire, explosion, war, civil disorder, acts of terrorism, something beyond the reasonable control of its suppliers, industrial disputes, acts or omissions of local or central government or other competent authorities, or acts or omissions of parties for whom the Customer or Sparta Telecom is not responsible, change of law or any other cause whether similar or dissimilar that is outside its reasonable control, then it will have no liability to the other for any resulting failure, delay, defect or omission in performing the Contract.
(b) Sparta Telecom will not be liable for failure to or delay in supplying the Equipment if legal or regulatory restrictions are imposed that prevent Sparta Telecom from supplying the Equipment.
(c) If any of the events detailed in clauses 15(a) or 15(b) materially affects the performance of the Contract and continues for more than three months then the Customer or Sparta Telecom may terminate the Contract in whole or part by written notice to the other.
(a) Sparta Telecom will try to work through any dispute that the Customer may have with Sparta Telecom. If this does not resolve the matter then the Customer may refer it:
(i) where appropriate, in accordance with the details set out in Sparta Telecom's Customer Complaints Code Download here, copies of which are available on request; and
(ii) otherwise, as set out in clause 16(b).
(b) Any dispute must be raised in writing with the Customer's or Sparta Telecom's representative as appropriate giving all relevant details including the nature and extent of the dispute. The Customer and Sparta Telecom will use reasonable endeavours to resolve any dispute as follows:
(i) a dispute which has not been resolved by the Customer's or Sparta Telecom's representative within 14 days of being raised may be referred by the Customer or Sparta Telecom to the first level by written notice to the other; and
(ii) if the dispute is not resolved at the first level within 14 days of referral, the Customer or Sparta Telecom may refer the dispute to the second level by written notice to the other. The Customer's and Sparta Telecom's representatives at the first and second levels are as notified by the Customer and Sparta Telecom to the other from time to time.
(c) If the dispute is not resolved after the procedures detailed in clause 16(b) have been followed then the parties agree to consider resolving the dispute by an Alternative Dispute Resolution (ADR) mechanism, including but not limited to:
(i) early neutral evaluation in accordance with the IDRS (Dispute Resolution Services) Model Early Neutral Evaluation Procedure; or
(ii) expert non-binding determination in accordance with the IDRS Cost-Controlled Expert Determination Procedure; or
(iii) mediation in accordance with the IDRS Cost-Controlled Mediation Procedure.
(d) Any ADR will be conducted in Luton and in the English language.
(e) Nothing in this clause will prevent the Customer or Sparta Telecom from exercising any rights and remedies that may be available in respect of any breach of the provisions of the Contract.
The Customer and Sparta Telecom may not transfer any of their rights or obligations under the Contract without the written consent of the other, except that:
(a) The Customer may transfer its rights or obligations or both to a Group Company with the written consent of Sparta Telecom, such consent not to be unreasonably withheld or delay d; and
(b) Sparta Telecom may transfer its rights or obligations or both to a Group Company without consent provided that it notifies the Customer that it has done so
17.1 If any term of the Contract is held invalid, illegal or unenforceable by any court of competent jurisdiction, it will be severed and the remaining terms will continue in full force as if the Contract had been made without the invalid, illegal or unenforceable terms.
18.1 Subject to clause 11.3, clause 11.2 will survive the termination or expiry of the Contract and clauses 11.8 to 11.13 will survive the termination or expiry of the Contract for two years.
19.1 (a) The Contract contains the entire agreement between the Customer and Sparta Telecom and supersedes all previous understandings, commitments, representations, agreements, draft agreements, arrangements, undertakings, or prior collateral contracts of any nature made by the Customer and Sparta Telecom, whether written or oral relating to its subject matter.
(b) The Customer and Sparta Telecom each agree that in entering into the Contract they have not relied upon and have no rights or remedies (whether in tort, under statute or otherwise) in respect of any statements, collateral or other warranties, assurances, undertakings or representations (whether innocently or negligently made) of any party (whether party to the Contract or not) in relation to the subject matter of the Contract, except for those contained in the Contract.
(c) Nothing in this clause 12.6 excludes or restricts the liability of either the Customer or Sparta Telecom to the other arising out of pre-contract fraudulent misrepresentation or fraudulent concealment.
20.1A failure or delay by the Customer or Sparta Telecom to exercise any right or act upon a breach under the Contract will not be a waiver of that right or breach. If the Customer or Sparta Telecom waives a right or breach of the Contract, that waiver is limited to the particular right or breach.
21.1 The Contract does not create any right enforceable by any party who is not the Customer or Sparta Telecom (a "Third Party") under the Contract (Rights of Third Parties) Act 1999 but this does not affect any right or remedy of a Third Party which exists or is available apart from that Act.
22.1Notices given under the Contract must be in writing and delivered by hand, email or first class post to the following addresses:
(a) to Sparta Telecom at the address shown on the bill or any address (including email address) which Sparta Telecom provides to the Customer for this purpose; or
(b) to the Customer at any one or more of the following: the address to which the Customer asks Sparta Telecom to send bills or the address of the Site or the Customer's primary email address or if the Customer is a limited company, its registered office. This clause does not apply to notices given under clause 7.2.
22.2 When a customer's contract is least 28 days before end of contract they will be contacted by a member of Sparta Telecom to gain the permission of the customer to renew the contract for further initial commitment and obtain the customers express consent
22.3 If the customer cannot be contacted during that 28 days and 7 days thereafter, then the services to that customer will cease. If the customer has not had their line transferred to another provider, then Sparta Telecom reserve the right to seize the line, and the customer agrees to pay the cost of £99.99 by agreeing to these terms and condition by acceptance of the contract.
23.1 The Contract is governed by the law of England and Wales and is subject to the nonexclusive jurisdiction of the English courts.
24.1 The Customer and Sparta Telecom will comply with their respective obligations under the Data Protection Act 1998 and any data protection, privacy or similar laws that apply to any personal data processed in connection with the Contract. The Customer and Sparta Telecom will provide such help and co-operation as is reasonably necessary or requested by the other to enable compliance with this clause.
Sparta Telecom may take instructions from a person whom it thinks, with good reason, is acting with the Customer's permission subject to the Data Protection Act. That means that we will only discuss or act on third party contact provided that;
(a) We have spoken in person with the customer who confirms that we can talk and act on their behalf and we have their permission to do so.
(b) Where the third party holds a POA (Power of Attorney) provided that a copy is sent to our head office to prove that power is held and that that person can discuss or change anything in regard to that customer.
25.2 Sparta Telecom will not be held responsible, for any loss or delay or any other costs arising from a third parties refusal to comply with clause (a) or (b) as Sparta Telecom must comply with the Data Protection Act.
26.1 We may obtain information about you from credit reference agencies and Group records to check your credit status and identity. The agencies will record our enquiries which may be seen by other companies who make their own credit enquiries. We may use credit scoring.
26.2 As part of your application for service, we will carry out a credit check which will be assessed using credit reference agency records relating to you and anyone with whom you have a joint account or similar financial association
26.3 We may make periodic searches at credit at credit reference agencies to manage and take decisions about your accounts. This may include information about how to manage your accountincluding your account balance, credit limit and any arrears. We will also provide this information to credit reference agenciesthatmay make this information available to other organizations so thatthey can take decisions about you, your associates and members of your household. The information may also be used for tracing purposes
27.1 In order to satisfy data protection laws and address outstanding payments, and to ensure services are cancelled effectively for the moving to another provider you are required to notify is in writing of the intention to cancel your service with us, giving us 14 daysí notice before the date you move your service to another provider. We do not accept cancellations of service only by phone, you must write and inform us.
27.2The notice period starts from the time we receive the cancellation request. If the cancellation request is withdrawn for any reason during the notice period, a new request needs to be made and a new notice period will commence.
27.3 Once you have notified us in writing, we will then contact you and carry out a security check to confirm the cancellation with you.
27.4 Before we process a cancellation request for cease of service, we will check for home phone and broadband service and other account features which will be lost following the cancellation. We will make you aware of the implications of cancelling your account. Once we are satisfied that the account holder has written to us and your identity has been confirmed, then the cancellation process will take place.
27.5 Itís really important you donít cancel your direct debit or any other ongoing payment arrangement with us until your cancellation has been confirmed by us. This is because any outstanding balance will need to be paid and cancelling the direct debit may lead to your account falling into debt.
27.6 Please note, we wonít be able to cancel your Telephone or Broadband services unless weíre able to verify your request over the phone.
27.7 When we receive confirmation that the transfer to the new provider has completed, our systems will automatically close your service account and you will be sent a final bill which will include all calls and any line rental due up to the point of disconnection from us.
27.8 You will still however still be liable for any outstanding amounts and for the final bill and any early termination fee charged (If Applicable)
28.1 Sparta Telecom operate a zero tolerance to abuse of its staff. On contacting Sparta Telecom will not carry out any abuse of staff by way of foul and abusive language, threats or any other form of abuse.
28.2 Any person whether customer, relative or other person causes abuse of staff by way of foul and abusive language, threats or any other form of abusewill result in the details of the call being passed to Police authorities under an offence under the Communications Act 2003. Sparta Telecom will prosecute anyone abusing staff.
If a customer has cancelled service whilst in contract, it is the customerís responsibility to return all equipment undamaged to Sparta Telecom at their own expense, unless the customer has paid for the equipment outright or Sparta Telecom agrees to pay for its return. Any equipment returned and found damaged will be charged for.
30.1 If a customer has cancelled their contract, and fails to return equipment unless as at 30.above unless they have paid outright for it, then Sparta Telecom will invoice the customer for the full cost of the equipment.