"Accept" or "Acceptance" means (i) clicking on the "I accept" or "I confirm" button during the registration process, where you join online; (ii) orally confirming your acceptance of this Agreement where you join by telephone; and (iii) your signature of the Customer Application Form and provision of such executed Customer Application Form to us, where you join by means of a printed copy of the Customer Application Form;

"Administrative Charge" means any charge we levy for administrative costs such as paper billing, cash processing, cheque processing, dishonoured cheque fees, returned cheque fees, debt recovery or collection fees, debt investigation fees, any fees payable by us as a consequence of our inability to obtain payment from you and any internal costs we incur as determined by us from time to time or as specified in our Price List or otherwise notified to you;

"Agreement" or "Customer Agreement" means these General Terms, any relevant
Special Conditions and any Customer Application Form you sign;

"Charges" means connection charges, rates, usage charges, fixed charges, rental charges, set up charges, installation charges, activation charges, disconnection charges, reconnection charges, cancellation charges, Administrative Charges, Periodic Charges and other charges to be paid by you for the Services calculated according to the prices and rates set out in our Price List or otherwise notified to you;

"Competent Authority" means the Office of Communications ("OFCOM") or any other competent Government department or any regulatory body;

"Customer Application Form" means the customer application form completed by you when placing your order for the Services;

"General Terms" means these General Terms and Conditions;

"Network" means the electronic communications systems run or procured
by us for the purpose of providing the Services;

"Periodic Charges" means any Charges (excluding Administrative Charges) that are billed on a recurring basis and which do not vary on usage of the Services;

"Price List" means the price list for the Services and incidental fees published on our Website from time to time or otherwise made available to you;

"Service", "Services", "Toucan Service" or "Toucan Services" means the Toucan services provided by us to you under this Agreement;

"Special Conditions" means the special conditions set out below applicable to the Services we provide to you;

"Toucan" or "we" or "us" means Toucan Residential Limited trading as "Toucan";

"Website" means the Toucan website currently located at www.toucan.com;

"Working day" means a day other than a Saturday, Sunday or a public holiday in the United Kingdom.

^ Top ^

2. Our obligations to you
2.1 We will provide the Services to you in accordance with this Agreement and
subject to availability, provided that nothing in this Agreement shall require us to accept your request for Services if we determine that you are not eligible.

2.2 We shall provide the Services in the manner of a reasonably skilled electronic telecommunications provider and in a professional manner.

2.3 We cannot promise that the Services will be error free or without interruption. Our Services may be dependent on the provision to us of services by third party telecommunications providers. We are not responsible to you for any faults or
interruptions caused by them.

2.4 All information relating to you collected by us in the course of providing the Services shall remain confidential subject only to the permitted uses of that information under the Agreement or as may be required by any Competent Authority or any other laws or regulations relating to the Services.

^ Top ^

3. Before you can enter into a contract with us
3.1 To enter into this Agreement to receive a Service upon the Commencement Date for the Service:

3.1.1 you must be at least 18 years old; and

3.1.2 except where the installation of a new telephone line is required to receive the Service, you must be the person who rents the existing telephone line or you must be authorised by the person who rents the telephone line.

^ Top ^

4. Your use of the Services
4.1 You will not use or allow use of the Services for any improper, immoral, offensive, fraudulent, illegal or unlawful purpose or to make nuisance communications.

4.2 We may provide you with a password, security code or secret word to access your account or the Services. You must at all times keep such password, security code or secret word confidential and secure. You must telephone us immediately if your password, security code or secret word is disclosed to any unauthorised person. You agree that you shall be held liable for any Charges associated with the Services for a period of one hour after you report the disclosure to us. If you report the disclosure outside of our normal business hours or leave a message on our customer services department answering machine, the one hour period will commence at the beginning of our next working day. We may disclose any information in connection with your account to anyone who correctly quotes your password, security code or secret word.

4.3 You acknowledge and warrant that:

4.3.1 the Services are for your use as a private individual consumer only and you will not re-supply or resell or otherwise make the Services available to any person on a commercial basis or any other basis; and

4.3.2 you will not use the Services in the course of or for purposes connected with
conducting a business.

Any failure to comply with this clause 4.3 of these General Terms is a material breach of this Agreement.

4.4 You are responsible for ensuring that only those persons you authorise use the Services and you agree to pay all Charges relating to use of the Services.

4.5 If you do not comply, or any other person whom you allow to use the Service does not comply, with any provision of clause 4 of these General Terms, you shall indemnify and hold us harmless against all liabilities, claims, losses, damages or expenses arising directly or indirectly or in any way associated or suffered as a result of such non-compliance.

^ Top ^

5. Commencement of this Agreement and cancellation rights prior to the provision of Services
5.1 This Agreement commences on the date of Acceptance of the first Service you purchase from us and will continue for each applicable Service selected by you for the term specified in the Special Conditions applicable to such Service.

5.2 We may terminate this Agreement prior to the first provision of Services to you with no liability if you fail a credit check or if for any other reason we are unable to provide the Services.

5.3 You may cancel this Agreement (whether in whole or part) within any cooling off period specified in the relevant Special Conditions and by using the cancellation process specified in the relevant Special Conditions.

^ Top ^

6. Payments and Charges
6.1 How frequently we bill you for Services and your payment responsibilities are set out in the Special Conditions applicable to the Services you use.

6.2 If paying by credit card or debit card, we only accept payment by such cards as indicated in the Customer Application Form or as otherwise notified to you by our customer services department. We also accept payment by direct debit for Periodic Charges. Any upfront set-up fees must be paid by credit card or debit card. If you wish to pay recurring charges by credit card or debit card, you must give us your authority to collect amounts automatically each month. You agree that your Acceptance of the Services constitutes your authorisation to us to collect charges on the due date of your bill from your credit card or debit card specified in the Customer Application Form or otherwise provided to us. You must inform us of any changes to your credit card or debit card details.

6.3 If, for some reason, your credit card payment or debit card payment fails, you must pay your bill by any other method we accept by the due date specified in your bill.

6.4 We may charge interest on any overdue amount payable from the due date until the date we receive payment (whether before or after judgment) at the rate of 4 percent per annum above the base rate of Barclays Bank Plc from time to time. We may also charge you an Administrative Charge for recovering late payments from you.

6.5 If a direct debit, cheque, credit card or debit card payment is dishonoured or cancelled we will charge you an Administrative Charge for any third party charges and internal costs we incur as a result.

6.6 If you are at any time in breach of your obligations to make payment to us and remain in breach after 72 hours’ written notification by us, we may suspend the provision of the Service to which any outstanding payments relate and the performance of any associated obligations with immediate effect and without prejudice to our rights under this Agreement, including our right to payment. Notwithstanding any other provisions of this Agreement, we shall have no liability to you for any loss or damages you suffer as a consequence of such suspension.

6.7 Unless you make payments to us by direct debit or by recurring credit card payment or recurring debit card payment we shall charge an Administrative Charge.

6.8 If you elect to receive a paper copy of your Toucan bill (which may in our discretion be sent as an email bill) instead of or in addition to our standard online billing, we shall charge you an Administrative Charge.

6.9 Where Periodic Charges are incurred for a period less than the relevant charging period, they will be pro rated. This does not apply to any Administrative Charge or similar charges.

6.10 In the event of a significant, material and lengthy Network failure, we will consider waiving Periodic Charges on a pro-rata basis upon request.

6.11 Up-to-date information regarding Charges for all our services will be available on our Website or from our customer services department.

^ Top ^

7. Deposits and account limits
7.1 We may, at our sole discretion and at any time, impose a credit limit on your account and/or require you to pay a security deposit or make an interim payment. You must pay all security deposits and interim payments when we ask for them.

7.2 Any credit limit imposed by us can be reviewed and amended at any time if:

7.2.1 in our reasonable opinion we believe that your financial circumstances have
substantially changed and/or there has been a significant material increase in
the Charges you are incurring since you entered into this Agreement;

7.2.2 you are persistently late in your payments;
or

7.2.3 we have used all or part of the security deposit to make payment or settle any outstanding or unpaid Charges as invoiced.

7.3 Prior to repayment or interim payment of any security deposit we are holding, we will deduct any outstanding Charges. We will not pay you interest on security deposits and interim payments.

^ Top ^

8. Suspension of Service
8.1 Without limiting the provisions of clause 6.6 of these General Terms, we may by giving you oral notice (confirmed in writing) or written notice suspend immediately the provision of the Services (or a part of them) to you until further notice without compensation:

8.1.1 for repairs, maintenance or improvement;

8.1.2 if you do not comply with clause 4 of these General Terms;

8.1.3 if you have exceeded the credit limit which we had imposed upon you pursuant to clause 7.1 of these General Terms;

8.1.4 if you refuse to give a security deposit as required under clause 7.1 of these
General Terms;

8.1.5 if you damage or anyone who uses the Services we are providing to you damages the Network or puts the Network at risk or abuses or threatens our staff;

8.1.6 if you are in breach of any other obligation imposed on you under this Agreement; or

8.1.7 if we are required to comply with an order, instruction or request of any Competent Authority.

8.2 Any exercise of our right to suspend the Services shall not exclude our right subsequently to terminate this Agreement. We may refuse to restore the Services to you until the provisions in clauses 8.1.2 to 8.1.6 of these General Terms are cured and we receive an acceptable assurance from you that there will be no further breach.

8.3 You are liable for Charges during suspension or disconnection unless we decide otherwise.

8.4 We may charge to reconnect you to the Service after a suspension under clauses 8.1.2, 8.1.3, 8.1.4, 8.1.5 or 8.1.6 of these Special Conditions and we may change your payment terms as a condition of reconnection.

^ Top ^

9. Provision of information
9.1 You are required promptly to give us all the information we may reasonably need so that we can perform our obligations under this Agreement. We will keep a record of personal information you provide to us in connection with the Services. You must also inform us immediately of any change to the details you have provided to us. You hereby agree and confirm that the information that you provide to us under this Agreement shall be true, accurate and complete in all respects.

9.2 We may contact you before, during and after the term of this Agreement to administer, evaluate, develop and maintain the Services. Please note that we may monitor and/or record your telephone calls and emails for quality assurance, legal, regulatory and training purposes.

9.3 We will comply with our obligations under the Data Protection Act 1998 and any other applicable data protection and data retention legislation. You are also required to comply with all data protection and data retention legislation. In addition, you must maintain all required registrations, including those reasonably requested by us to enable us to process your personal data in connection with our performance of our obligations under this Agreement.

9.4 All information relating to you collected by us in the course of providing the Services shall remain confidential subject only to the permitted uses of that information under this Agreement or as may be permitted or required by any Competent Authority or any other relevant laws or regulations. Without limiting the foregoing, you acknowledge that we may, where appropriate, disclose your information to the emergency services.

9.5 In connection with this Agreement we, and any other companies or agencies authorised by us, may carry out credit checks and fraud prevention checks with one or more licensed credit reference and fraud prevention agencies and we may retain a record of the search. Information held about you by such agencies may be linked to records relating to other persons living at the same address and such records will be taken into account in credit checks and fraud prevention checks. Information from your application and payment details of your account will be recorded with one or more of these agencies and may be shared with other organisations to help make credit and insurance decisions about you and members of your household and for debt collection and fraud prevention.

9.6 We may also share the information which you provide with our affiliates or third parties for administration, data storage or processing purposes.

9.7 By registering for the Services you also consent to our using and/or disclosing your personal information for the following purposes:

9.7.1 providing or arranging for third parties to provide customer care/help desk facilities and billing you for the Services (which may involve disclosing your information to third parties solely for those purposes); and

9.7.2 to selected third parties for the purposes of providing and operating the Services and installing equipment.

9.8 You acknowledge that the companies receiving your information pursuant to clauses 9.5, 9.6 and 9.7 may be located outside the EEA in countries which do not have the same standards of protection for personal data as the UK. By entering into this Agreement you agree to such transfer and use of your personal data.

^ Top ^

10.1.1 at least 30 calendar days’ notice; or

10.1.2 immediately if:

10.1.2.1 you do not make payments to us when they are due and have not rectified that within 72 hours of written notification from us;

10.1.2.2 you do not perform or observe any material obligation under this Agreement, whether such obligation is specified in this Agreement as material or not (a "material breach");

10.1.2.3 you do not perform or observe any other obligations under this Agreement (a "breach") and where such breach can be remedied, you fail to remedy the breach within any reasonable time specified by us in a written notice requiring you to do so;

10.1.2.4 a voluntary arrangement is proposed, or a bankruptcy petition is presented or
a bankruptcy order is made against you or a receiver or trustee is appointed on your estate;

10.1.2.5 we have reason to believe that you have provided us with false, inaccurate or
misleading information either for the purpose of obtaining the Services from us or during the provision;

10.1.2.6 you or any other person at your premises use the Services or are suspected, in our reasonable opinion, of using the Services for illegal activities, fraud or attempted fraud or to make nuisance communications;

10.1.2.7 we are required to comply with an order, instruction or request of any competent Authority;

10.1.2.8 the contract between us and BT (or any other relevant telecommunications provider) which enables us to provide the Services is cancelled or terminated; or

10.1.2.9 any other authority we have to provide the Services ends.

10.2 Your rights to terminate any of the Services are set out in clause 13 of the General Terms and the applicable Special Conditions.

10.3 This Agreement shall be deemed automatically terminated in the event that you have terminated all Services and have not ordered additional Services from us pursuant to this Agreement.

^ Top ^

11. Limitation of liability
11.1 Our liability:

11.1.1 for death or personal injury caused by our negligence or the negligence of our employees or agents;

11.1.2 under Part 1 of the Consumer Protection Act 1987;

11.1.3 for breach of any condition as to title or quiet enjoyment implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

11.1.4 for fraudulent misrepresentation; and

11.1.5 for misuse of confidential information, is not excluded or limited by this Agreement, even if any other terms of this Agreement would otherwise suggest that this might be the case.

11.2 Except as set out in clause 11.3 of these General Terms, our total liability to you for something we or anyone who works for us does or does not do will be limited to £1,000 in any 12 month period.

11.3 We are not liable to you in any way for any:

11.3.1 loss of income;

11.3.2 loss of business;

11.3.3 loss of profits; or

11.3.4 any other indirect, special or consequential loss.

11.4 If you are entering into this Agreement as a consumer, the loss referred to above shall only be excluded where such loss was not reasonably foreseeable by the parties at the time this Agreement was entered into.

11.5 We will not be liable under this Agreement for breach of any of its terms to the extent that the breach concerned arises from:

11.5.1 use of any Services other than in accordance with normal operating procedures as notified to you;

11.5.2 any alterations to any Services made by anyone other than us;

11.5.3 any abnormal or incorrect operating conditions; or

11.5.4 any other hardware or software being used with or in relation to any Services, unless this has been approved by us or the relevant statutory process of the connection of apparatus to public communications networking.

^ Top ^

12. Assignment
This Agreement is personal to you and therefore it cannot be assigned or transferred by you to any other person without our prior written consent. We have the right to assign both the benefit and burden of this Agreement as part of a business reorganisation together with any associated rights of access and installation at any time to any company or person and you hereby consent to such assignment.

^ Top ^

13. Changes to the Agreement and Charges
13.1 We reserve the right to change the terms and conditions of this Agreement (including changes to Charges) and/or the Services at any time. We will notify you of any changes we make to the terms and conditions of this Agreement either by writing to you or posting the terms and conditions on our Website before the changes come into effect. If a change is likely to be of material detriment to you, we will give you at least one month’s notice of the change. In the event of a change which is of material detriment to you, you may terminate this Agreement (or the part of the Agreement that applies to the Services affected by the change) before the change becomes effective by giving us written notice or by contacting our customer services department and by specifying your reason for termination. In this instance, you will not be liable to pay any cancellation charges. In other circumstances, we will give you as much notice as possible of the change.

13.2 You shall not be entitled to terminate this Agreement (or the part of the Agreement that applies to the Services affected by the change) for any increase in a Charge where such an increase relates to the increased cost of supplying the relevant service.

13.3 For the avoidance of doubt, you agree that:

13.3.1 an increase in a Charge in a 12 month period (when calculated as a percentage) that is less than the increase in the Retail Price Index (when calculated as a percentage) for the same 12 month period; or

13.3.2 any changes we make as a direct result of new legislation, statutory instrument, government regulation or licence, will not be considered to be a change which is of material detriment to you.

^ Top ^

14. Service bundles
We reserve the right to offer bundles of two or more Services at special discounted rates dependent upon the purchase of all of the relevant bundled Services for a stated minimum term. If you wish to cancel or terminate one or more of the Services purchased as part of such a bundle prior to the end of the stipulated minimum term you will lose the benefit of any such discounted rate for the Services that you continue to purchase and we will charge you for those remaining Services at our usual rates and prices in force from time to time.

^ Top ^

15. Paying by direct debit
All the normal direct debit safeguards and guarantees apply. No changes in the date, frequency or amount to be debited can be made without notifying you at least 7 working days in advance of your account being debited. In the event of any error, you are entitled to an immediate refund from your bank or building society. You have the right to cancel a direct debit instruction at any time simply by writing to your bank or building society, with a copy to us.

^ Top ^

16. Unforeseeable events
Neither party is liable for any breach of this Agreement (except as regard to your non-payment of Charges) which is caused by something beyond their reasonable control including Acts of God, fire, lightning, extremely severe weather, flood, a national or local emergency, acts of terrorism, explosion, war, military operations, civil disorder, damage to the Network, vandalism, sabotage, industrial disputes or acts of any Competent Authority. If such failure to deliver continues for more than 3 months after the commencement of such failure, then either party may terminate this Agreement on notice in writing to the other party.

^ Top ^

17. Severability
If any provision (or part of a provision) is held invalid, illegal or unenforceable for any reason, it shall be severed and the rest of the provisions in this Agreement shall continue as if the Agreement had commenced without that provision (or such part of that provision).

^ Top ^

18. Waiver
The failure by either you or us to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of such right or to bar the exercise or enforcement of it or any other right.

^ Top ^

19. Notices
19.1 Except where this Agreement specifies that a notice may be given orally (for example, by telephone) or by fax, notices given under this Agreement must be delivered by hand or by prepaid post or electronic mail either:

19.1.1 to us: at the address on this Agreement or on the last bill we issued to you or to an alternative address notified to you; or

19.1.2 to you: at the address in the latest Customer Application Form or to an
alternative address notified to us.

^ Top ^

20. Rights of Third Parties
This Agreement does not create 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 which exists or is available apart from that Act.

^ Top ^

21. Law
This Agreement is subject to the laws of England and Wales.

These Special Conditions are incorporated into the Customer Agreement for those customers of the ToucanTalk Service, ToucanTalk Line Rental Service and ToucanTalk Call Service.

If you are purchasing the ToucanTalk Service, the Special Conditions for the ToucanTalk Service set out in Section A and the Special Conditions for the ToucanGo Service set out in Section D apply.

If you are purchasing the ToucanTalk Line Rental Service only, the Special Conditions for the ToucanTalk Line Rental Service set out in Section B apply.

If you are purchasing the ToucanTalk Call Service only, the Special Conditions for the ToucanTalk Call Service set out in Section C and the Special Conditions for the ToucanGo Service set out in Section D apply.

To the extent that there is any inconsistency between any provision of Sections A, B, C and D of these Special Conditions and the General Terms, the applicable provision of the Special Conditions shall prevail.

A1. Terms used in these Special Conditions
In these Special Conditions the following terms have the meanings set out
opposite them:

"Customer Premises Equipment" or "CPE" means the network termination point or similar equipment;

"Location" means the location at which the ToucanTalk Service is to be provided, as specified in the current address section of your Customer Application Form or as specified to our customer service representative;

"Optional Features" means any of the additional optional facilities to the ToucanTalk Line Rental Service component of the ToucanTalk Service (such as an answer phone service) that we provide to you under these Special Conditions;

"ToucanTalk Call Service" means the ToucanTalk telephone call service as more particularly described in the ToucanTalk User Guide and our Website;

"ToucanTalk Line Rental Service" means the ToucanTalk line rental service as more particularly described in the ToucanTalk User Guide and our Website and includes any Optional Features that we provide to you;

"ToucanTalk Service" means the ToucanTalk Line Rental Service and ToucanTalk Call Service together; and

"ToucanTalk User Guide" means our user guide or guides which we may publish from time to time which provide instructions and information about the ToucanTalk Service.

A2. Commencement and duration
This Agreement commences in respect of the ToucanTalk Service on the date of Acceptance (the "Commencement Date") and will continue unless terminated by either party in accordance with the applicable clauses of the General Terms or these Special Conditions.

A3. Your right to cancel
A3.1 If you are purchasing the ToucanTalk Service as a consumer, you may cancel your order for the ToucanTalk Service under this Agreement within 10 working days from the date of Acceptance in accordance with clause A3.2 below ("Cooling Off Period").

A3.2 You may cancel your order during the Cooling Off Period by informing our customer services department by phone, fax, email or post (please see the ToucanTalk User Guide for details or visit our Website).

A3.3 If you have used the ToucanTalk Service during the Cooling Off Period you may still cancel the ToucanTalk Service but you must pay for any Charges you have incurred up to the effective date of cancellation.

^ Top ^

A4. Getting started
A4.1 Before we can be certain that we can provide you with the ToucanTalk Service (and provided that you pass the credit check referred to in clause 5.2 of the General Terms), we may need to perform the following steps. If we cannot provide you with the ToucanTalk Service because one of the following steps cannot be successfully completed we will notify you as soon as possible and this Agreement in so far as it applies to the ToucanTalk Service shall terminate with immediate effect. We may need to successfully:

A4.1.1 complete a survey of your Location and perform a line test;

A4.1.2 install CPE needed for you to use the ToucanTalk Service. However, we will not provide or install any other equipment unless expressly agreed in writing; and

A4.1.3 activate the ToucanTalk Service.

A4.2 You will need to provide us with access to the Location and a suitable and safe working environment at the Location so that we can perform the steps set out in clause A4.1 of these Special Conditions. We may arrange for an engineer to visit the Location to perform these steps and we will agree with you a mutually convenient time for the engineer to visit the Location. We will use reasonable endeavours to ensure that the engineer arrives at the agreed time but we cannot guarantee this. If you do not give the engineer access to the Location within that agreed time you will be charged as set out in the Price List.

A4.3 Your ToucanTalk Service may be activated in different stages. Once the steps in clause A4.1 of these Special Conditions have been successfully completed, we will inform you of the dates on which it is proposed that your ToucanTalk Service will be activated (the "Service Ready Dates"). Although we will use our reasonable efforts to install your ToucanTalk Service by the Service Ready Dates we notify to you, all dates are estimates and we cannot guarantee that we will meet them and we will have no liability for any failure to meet such dates.

A4.4 As part of the ToucanTalk Service we may need to deal with other telecommunications providers on your behalf. To enable us to provide or to continue to provide you with the ToucanTalk Service, you hereby authorise us to act on your behalf with your current telecommunications provider and any other relevant telecommunications provider to terminate your existing contract and to obtain any relevant information from your current telecommunications provider and any other relevant telecommunications provider which is necessary for us to provide or continue to provide you with the ToucanTalk Service.

A4.5 If we need, or a third party authorised by us needs, to supply you with any CPE so that you can access the ToucanTalk Service you agree at your cost that:

A4.5.1 if any CPE needs to be installed at your Location, we may give you some advice on preparing your Location. As a minimum you will need to provide reasonable assistance and supply a suitable location for any CPE we install for you. You will also need to provide us with a connection point to electricity. You will pay us the rates specified in our Price List for activation or installation of the ToucanTalk Service on your behalf. We will not be responsible for any losses or damages you may suffer as a consequence of your preparation of your Location;

A4.5.2 you will obtain before installation of the CPE all necessary permissions and consents (for example, any consents necessary to make alterations to buildings, permission to cross other people’s land or permission to put CPE on their property);

A4.5.3 any CPE installed at your Location will remain our property or that of the third party authorised by us (as the case may be); and

A4.5.4 you will not alter, modify, add to or otherwise interfere with in any way any CPE and you agree to indemnify us or any third party authorised by us for any losses or damages which we or such third party may suffer as a result of any loss or damage to the CPE unless such damage is caused by fair wear and tear.

A4.6 You agree that our obligation to provide the ToucanTalk Service depends on your compliance in full with clause A4.5 of these Special Conditions and that we shall be under no liability whatsoever if we cannot provide the ToucanTalk Service because you do not comply with that clause. We will notify you when you have been connected to the ToucanTalk Service. If you already receive line rental services and/or call services from another telecommunications provider, it is the responsibility of your existing provider to continue to provide your line rental services and call services to you until the transfer to the ToucanTalk Service has been completed.

A4.7 If you lease any equipment from your existing telecommunications provider, for example, telephone handsets, you will continue to lease that equipment from your existing telecommunications provider under the terms and conditions of your contract with them. We are not responsible for the operation of, or any faults with, this equipment. This will remain the responsibility of your existing telecommunications provider.

^ Top ^

A5. The ToucanTalk Service
A5.1 We will provide the ToucanTalk Service to you in accordance with this Agreement and as described in the ToucanTalk User Guide and any other instructions or information we may provide to you from time to time.

A5.2 Services provided by other telecommunications providers will be automatically removed from your telephone line when we connect you to the ToucanTalk Service. You should also be aware that certain services you receive from other telecommunications providers may not be available if we connect you to the ToucanTalk Service. However, some of these services may be available to you as Optional Features. For further details on this please see clause A7 of these Special Conditions or contact our customer services department (please see the ToucanTalk User Guide for details or visit our Website).

A5.3 If you want to connect equipment to the Network other than using a main phone socket you must obtain permission from us first. You must not connect any equipment to the Network which may harm the Network or the equipment of other users of the Network. If you do, you must disconnect such equipment immediately or we will disconnect it for you at your cost and expense.

A5.4 If you have monitored safety, security and other systems (such as alarm systems) installed in your home you will need to check with your system provider that the system is compatible with the ToucanTalk Service. You should be aware that if there is an interruption to the provision of the ToucanTalk Service this will affect the operation of your system. We accept no liability whatsoever for your use of, or any failure of or interruption to, your system which may arise out of or in connection with the ToucanTalk Service, except for liability for death or personal injury caused by our negligence or the negligence of our employees or agents.

A5.5 We bar indirect access to other networks although nothing shall prevent us, in our discretion, from allowing indirect access provided that we shall not be required to allow such indirect access, nor shall we be held liable for any discontinuation of any indirect access.

^ Top ^

A6. The ToucanTalk Call Service
Not all calls are routed through our Network. We take no responsibility for failure of any calls not routed by us or for any non-Toucan ancillary services provided by other telecommunications providers. For such calls and services, you will be charged by the relevant telecommunications provider. If you have any questions regarding whether certain calls or services will be billed by us or by another telecommunications provider, please contact our customer services department.

A7. Optional Features
A7.1 Upon choosing the ToucanTalk Service, you will also be able to select Optional Features. Details of the most popular Optional Features may be discussed with you by one of our sales representatives if you join the ToucanTalk Service by telephone or during a visit by one of our sales representatives. If you join the ToucanTalk Service online, the range of Optional Features can be viewed during the application process on our Website. Customers who join the ToucanTalk Service by telephone or
during a visit by one of our sales representatives can also view the full range of Optional Features by visiting our Website. For further information, please refer to the Toucan welcome pack or the ToucanTalk User Guide, contact our customer services department or visit our Website.

A7.2 You may, at any time, change the Optional Features by contacting our customer services department. We will try our best to implement the changes within 7 days of your request. This excludes changes to the Most Dialled package which will be effective from your next billing cycle.

^ Top ^

A8. Call plan
You may, at any time, change the call plan you selected when choosing the ToucanTalk Service by calling our customer services department. The
changes requested will take effect no later than 7 days from the date of the request. This excludes changes to the Most Dialled package which will be effective from your next billing cycle.

A9. Payments
A9.1 We will bill you for:

A9.1.1 the ToucanTalk Line Rental Service, the Optional Features and any other Services you utilise monthly in advance unless stated otherwise in the Price List; and

A9.1.2 the ToucanTalk Call Service monthly in arrears.

A9.2 If you are paying by recurring credit card payment or recurring debit card payment, we will inform you at least 7 days prior to payment collection of the amount being collected. If you are paying by cash or cheque you must make all necessary payments within 14 days of the date of bill.

A9.3 Unless specified by us, where you pay a Periodic Charge which includes use of a Service up to a particular number of minutes for which no further charge is made, any unused time cannot be carried forward from one month to the next.

^ Top ^

A10. Faults affecting the ToucanTalk Service
A10.1 You must immediately let us know by telephoning our customer services department if you are suffering or suspect that there is a fault with the ToucanTalk Service. We will endeavour to correct the fault as soon as practicable. If you contact a third party telecommunications provider, it is unlikely that they will deal with your request. If a third party telecommunications provider does deal with your request, you will be solely responsible for their charges.

A10.2 If there are any faults with the ToucanTalk Service, we will be responsible for those faults if they arise out of any act or omission by us (or a third party authorised by us) or they are due to fair wear and tear. You will be responsible for all charges that we incur in repairing any fault with the ToucanTalk Service which arises out of or in connection with any act or omission by you or any third party for whom we are not responsible. If a fault with the ToucanTalk Service is caused by any equipment owned by you or leased by you from a third party or relates to the telephone line inside your home we will charge you for any work we carry out to fix the fault as set out in the Price List and we may also disconnect that equipment without giving you any prior notice and without incurring any liability to you. You should be aware that we are only responsible for the exterior telephone line outside of your home or, in the case of a block of flats, we are only responsible for the exterior telephone line outside the building.

A10.3 Where we arrange for an engineer to visit the Location to attend a fault we will agree with you a mutually convenient time for the engineer to visit the Location. We will use reasonable endeavours to ensure that the engineer arrives at the agreed time but we cannot guarantee this. If you do not give the engineer access to the Location within that agreed time you will be charged as set out in our Price List.

A10.4 Our charges for dealing with faults with the ToucanTalk Service shall be at the rates published in our Price List from time to time. You may telephone our customer services department for further information.

^ Top ^

A11. Telephone number and directory services
A11.1 Any telephone number provided to you for use with the ToucanTalk Service is personal to you. You agree that you do not own the telephone number and that you will not sell or transfer any number provided to you. You also agree that you will not advertise your telephone number in any phone box. If you do, we may suspend or disconnect the ToucanTalk Service.

A11.2 We may need to change your telephone number or the PINs used for the Optional Features for reasons beyond our control (such as where we are requested to do so by a Competent Authority) or other reasons (such as where we reasonably believe that the alteration will enhance your use of the ToucanTalk Service). We will try to give you as much notice of any change as possible.

A11.3 We do not provide a telephone directory service. If you accept the ToucanTalk Service, we will provide your details to another telecommunications provider for listing in a telephone directory unless you do not wish to be included in a telephone directory. If your details are already included in a telephone directory and you no longer wish to be included in the telephone directory, you should be aware that your details will only be excluded from the telephone directory when the telephone directory is next updated by the telecommunications provider. We accept no liability whatsoever for any failure by that telecommunications provider to comply with your listing request.

A11.4 In the event that the ToucanTalk Service is suspended or terminated for any reason, your telephone number will automatically return to the telecommunications provider which originally allocated you the number. We cannot guarantee that the same telephone number will be available to you if the ToucanTalk Service is reconnected in the future.

^ Top ^

A12. Termination
A12.1 You may end the ToucanTalk Service or just the ToucanTalk Line Rental Service component or ToucanTalk Call Service component provided under this Agreement by giving us notice. Please phone us or send your termination notice to our customer services department by fax, email or post as set out in the ToucanTalk User Guide (or at such other address as we may notify you from time to time) or visit our Website.

A12.2 If you agreed to take the ToucanTalk Service for a fixed term (as specified in your Customer Application Form or as otherwise communicated to you – referred to as the "Initial Term" in this clause):

A12.2.1 you may terminate this Agreement in relation to the ToucanTalk Service on giving at least one month’s notice, such notice to be effective no earlier than the end of the Initial Term. In the event that this Agreement is terminated in relation to the ToucanTalk Service during the Initial Term (or any subsequent additional agreed fixed term), other than by you during the Cooling Off Period or by us pursuant to clause 10.1.2.7, clause 10.1.2.8 or clause 10.1.2.9 of the General Terms, you must pay all Charges that would have been payable for any remaining period of the Initial Term or any subsequent additional fixed term;

A12.2.2 in the event that you terminate only the ToucanTalk Call Service component of your ToucanTalk Service during the Initial Term, the charge for the ToucanTalk Line Rental service will increase the standard monthly rate for someone who just takes the ToucanTalk Line Rental service and you must pay that rate for the balance of the Initial Term.

A12.3 If we receive notice from you in accordance with clause A12.1 of these Special Conditions, we will endeavour to terminate the ToucanTalk Service or the relevant part of the ToucanTalk Service within 10 working days from your request. You acknowledge that the exact date of termination depends on the alternate telecommunications provider which you select and that we cannot guarantee that your ToucanTalk Service (or the relevant part of the ToucanTalk Service) will be terminated by a certain date. You agree to continue paying for the ToucanTalk Service for a period of up to 45 days from the date of your notice.

A12.4 If the Agreement is terminated you shall also immediately pay us all outstanding Charges for your use of the ToucanTalk Service, any Optional Features and any other Services for a period of up to 45 days from the date of your notice.

A12.4.1 If we have billed you in advance for the provision of a service and you give notice that you wish to terminate the service and the termination date falls before the date to which you have paid for the services, we will not credit or refund the balance of the prepayment. This is because the cost of processing that credit or refund will be disproportionate to the amount of the refund.

A12.5 If we disconnect the ToucanTalk Service in accordance with the applicable clauses of the General Terms or these Special Conditions, you will no longer have access to the ToucanTalk Service or any home telephone service. You will need to make arrangements with an alternative telecommunications provider.

A12.6 If you cancel the ToucanTalk Call Service only and not the Toucan ToucanTalk Line Rental Service, with effect from the date that ToucanTalk Call Service ceases to be provided to you:

A12.6.1 these Special Conditions no longer apply and the Special Conditions for ToucanTalk Line Rental Service set out in Section B shall apply; and

A12.6.2 the applicable Charges for the ToucanTalk Line Rental Service will apply. Please ask our customer services department for the applicable Charges or visit our Website.

A12.7 If you cancel the ToucanTalk Line Rental Service only and not ToucanTalk Call Service, with effect from the date that the ToucanTalk Line Rental Service ceases to be provided to you, these Special Conditions no longer apply and the Special Conditions for ToucanTalk Call Service set out in Section C will apply.

^ Top ^

B1. Terms used in these Special Conditions
In these Special Conditions the following terms have the meanings set out opposite them:

"Customer Premises Equipment" or "CPE" means the network termination point or similar equipment;

"Location" means the location at which the ToucanTalk Service is to be provided, as specified in the current address section of your Customer Application Form or as specified to our customer service representative;

"Optional Features" means any of the additional optional facilities to the telephone ToucanTalk Line Rental Service (such as an answer phone service) that we provide to you under these Special Conditions;

"ToucanTalk Call Service" means the ToucanTalk telephone call service as more particularly described in the ToucanTalk User Guide and our Website;

"ToucanTalk Line Rental Service" means the telephone ToucanTalk Line Rental Service as more particularly described in the ToucanTalk User Guide and our Website and includes any Optional Features that we provide to you;

"ToucanTalk Service" means the ToucanTalk Line Rental Service and ToucanTalk Call Service together; and "ToucanTalk User Guide" means our user guide or guides which we may publish from time to time which provide instructions and information about the ToucanTalk Service.

^ Top ^

B2.2 This Agreement commences in respect of the ToucanTalk Line Rental Service on the effective date of cancellation of the ToucanTalk Call Service component of your ToucanTalk Service and will continue unless terminated by either party in accordance with the applicable clauses of the General Terms or of these Special Conditions.

^ Top ^

B3.2 If we did not install any CPE at the Location for you as part of your ToucanTalk Service and you now require CPE to be installed at the Location so that you can access the ToucanTalk Line Rental Service, you agree at your cost that:

B3.2.1 we may give you some advice on preparing your Location. As a minimum you will need to provide reasonable assistance and supply a suitable location for any CPE we install for you (or you purchase from us). You will also need to provide us with a connection point to electricity. You will pay us the rates specified in our Price List for activation or installation of the ToucanTalk Line Rental Service on your behalf. We will not be responsible for any losses or damages you may suffer as a consequence of your preparation of your Location;

B3.2.2 any CPE installed at your Location will remain our property or that of the third party authorised by us (as the case may be); and

B3.2.3 you will not alter, modify, add to or otherwise interfere with in any way any CPE and you agree to indemnify us (or any third party authorised by us) for any losses or damages which we (or such third party) may suffer as a result of any loss or damage to the CPE unless such damage is caused by fair wear and tear.

B3.3 If we install CPE for you under clause B3.2 (or we installed CPE for you when we were providing the ToucanTalk Service to you), you agree that our obligation to provide the ToucanTalk Line Rental Service depends on your compliance in full with clause B3.2 of these Special Conditions and that we shall be under no liability whatsoever if we cannot provide the ToucanTalk Line Rental Service because you do not comply with that clause.

B3.4 If you lease any equipment from another telecommunications provider, for example, telephone handsets, you will continue to lease that equipment from your telecommunications provider under the terms and conditions of your contract with them. We are not responsible for the operation of, or any faults with, this equipment. This will remain the responsibility of your other telecommunications provider.

^ Top ^

B4.2 If you want to connect equipment to the Network other than using a main phone socket you must obtain permission from us first. You must not connect any equipment to the Network which may harm the Network or the equipment of other users of the Network. If you do, you must disconnect such equipment immediately or we will disconnect it for you at your cost and expense.

B4.3 If you have monitored safety, security or other systems (such as alarm systems) installed in your home you will need to check with your system provider that the system is compatible with the ToucanTalk Line Rental Service. You should be aware that if there is an interruption to the provision of the ToucanTalk Line Rental Service this will affect the operation of your system. We accept no liability whatsoever for your use of, or any failure of or interruption to, your system which may arise out of or in connection with the ToucanTalk Line Rental Services, except for liability for death or personal injury caused by our negligence or the negligence of our employees or agents.

^ Top ^

B5. Optional Features
B5.1 Any Optional Features that you selected as part of the ToucanTalk Service will be provided as part of the ToucanTalk Line Rental Service unless you notify us otherwise at the time of cancelling the ToucanTalk Call Service component of the ToucanTalk Service. The range of Optional Features can be viewed on our Website or discussed with a customer services representative.

B5.2 You may, at any time, change the Optional Features by contacting our customer services department. We will try our best to implement the changes within 7 days of your request.

^ Top ^

B6. Payments
B6.1 We will bill you for the ToucanTalk Line Rental Service, the Optional Features and any other Services you utilise monthly in advance unless stated otherwise in the Price List.

B6.2 If you are paying by recurring debit card payment or recurring credit card payment we will inform you as to which day each month you will be charged for the ToucanTalk Line Rental Service. If you are paying by cash or cheque you must make all necessary payments within 14 days of the date of bill.

^ Top ^

B7. Faults affecting the ToucanTalk Line Rental Service
B7.1 You must immediately let us know by telephoning our customer services department if you are suffering or suspect that there is a fault with the ToucanTalk Line Rental Service. We will endeavour to correct the fault as soon as practicable. If you contact a third party telecommunications provider, it is unlikely that they will deal with your request. If a third party telecommunications provider does deal with your request, you will be solely responsible for their charges.

B7.2 If there are any faults with the ToucanTalk Line Rental Service we will be responsible for those faults if they arise out of any act or omission by us (or a third party authorised by us) or they are due to fair wear and tear. You will be responsible for all charges that we incur in repairing any fault with the ToucanTalk Line Rental Service which arise out of or in connection with any act or omission by you or a third party for whom we are not responsible. If a fault with the ToucanTalk Line Rental Service is caused by any equipment owned by you or leased by you from a third party or relates to the telephone line inside your home we will charge you for any work we carry out to fix the fault as set out in the Price List and we may also disconnect that equipment without giving you any prior notice and without incurring any liability to you. You should be aware that we are only responsible for the exterior telephone line outside of your home or, in the case of a block of flats, we are only responsible for the exterior telephone line outside the building.

B7.3 Where we may arrange for an engineer to visit the Location to attend a fault we will agree with you a mutually convenient time for the engineer to visit the Location. We will use reasonable endeavours to ensure that the engineer arrives at the agreed time but we cannot guarantee this. If you do not give the engineer access to the Location within that agreed time you will be charged as set out in our Price List.

B7.4 Our charges for dealing with faults with the ToucanTalk Line Rental Service shall be at the rates published in our Price List. You may telephone our customer services department for further information.

^ Top ^

B8. Telephone number and directory services
B8.1 Any telephone number provided to you for use with the ToucanTalk Line Rental Service is personal to you. You agree that you do not own the telephone number and that you will not sell or transfer any number provided to you. You also agree that you will not advertise your telephone number in any phone box. If you do, we may suspend or disconnect the ToucanTalk Line Rental Service.

B8.2 We may need to change your telephone number or the PINs used for the Optional Features for reasons beyond our control (such as where we are requested to do so by a Competent Authority) or other reasons (such as where we reasonably believe that the alteration will enhance your use of the ToucanTalk Line Rental Service). We will try to give you as much notice of any change as possible.

B8.3 We do not provide a telephone directory service. If you accept the ToucanTalk Line Rental Service, we will provide your details to another telecommunications provider for listing in a telephone directory unless you do not wish to be included in a telephone directory. If your details are already included in a telephone directory and you no longer wish to be included in the telephone directory, you should be aware that your details will only be excluded from the telephone directory when the telephone directory is next updated by the telecommunications provider. We accept no liability whatsoever for any failure by that telecommunications provider to comply with your listing request.

B8.4 In the event that the ToucanTalk Line Rental Service is suspended or terminated for any reason, your telephone number will automatically return to the telecommunications provider which originally allocated you the number. We cannot guarantee that the same telephone number will be available to you if the ToucanTalk Line Rental Service is reconnected in the future.

^ Top ^

B9. Termination
B9.1 You may end the ToucanTalk Line Rental Service provided under this Agreement by giving us notice. Please phone us or send your termination notice to our customer services department by fax, email or post as set out in the ToucanTalk User Guide (or at such other address as we may notify you from time to time) or visit our Website.

B9.2 If we receive notice from you in accordance with clause B9.1 of these Special Conditions, we will endeavour to terminate the ToucanTalk Line Rental Service within 10 working days from your request. You acknowledge that the exact date of termination depends on the alternate telecommunications provider which you select and that we cannot guarantee that your ToucanTalk Line Rental Service will be terminated by a certain date. You agree to continue paying for the ToucanTalk Line Rental Service for a period of up to 45 days from the date of your notice.

B9.3 If the Agreement is terminated you shall also immediately pay us all outstanding Charges for your use of the ToucanTalk Line Rental Service, any Optional Features and other Services for a period of up to 45 days from the date of your notice.

B9.3.1 If we have billed you in advance for the provision of a service and you give notice that you wish to terminate the service and the termination date falls before the date to which you have paid for the services, we will not credit or refund the balance of the prepayment. This is because the cost of processing that credit or refund will be disproportionate to the amount of the refund.

B9.4 If we disconnect the ToucanTalk Line Rental Service in accordance with the applicable clauses of the General Terms or these Special Conditions, you will no longer have access to the ToucanTalk Line Rental Service or any home telephone service. You will need to make arrangements with an alternative telecommunications provider.

^ Top ^

C1. Terms used in these Special Conditions
C1.1 In these Special Conditions the following terms shall have the meanings set opposite them:

"ToucanTalk Call Service" means the ToucanTalk telephone call service as more particularly described in the ToucanTalk User Guide and our Website; and

"ToucanTalk User Guide" means our user guide or guides which we may publish from time to time which provide instructions and information about the ToucanTalk Service.

^ Top ^

C2. Provision of ToucanTalk Call Service
C2.1 This Agreement commences in respect of the ToucanTalk Call Service on either of the dates set out below:

C2.1.1 if you are a new customer of the ToucanTalk Service - the date of Acceptance. In this instance we will begin to provide your ToucanTalk Call Service only after an industry required waiting period has elapsed; and

C2.1.2 if you were previously a customer of the ToucanTalk Service and you have cancelled the ToucanTalk Line Rental Service component of the ToucanTalk Service - the effective date of cancellation of the ToucanTalk Line Rental Service component of your ToucanTalk Service. You may be required to complete a new Customer Application Form for the ToucanTalk Call Service.

C2.2 We will continue to provide the ToucanTalk Call Service to you unless this Agreement is terminated in respect of the ToucanTalk Call Service by either party in accordance with the applicable clauses of the General Terms or of these Special Conditions.

^ Top ^

C3. Conveyance of calls
C3.1 Not all calls are routed through our Network. Toucan takes no responsibility for failure of any calls not routed by it or for any non-Toucan ancillary services provided by other telecommunications providers. For such calls and services, you will be charged by the relevant telecommunications provider. If you have any questions regarding whether certain calls or services will be billed by us or by another telecommunications provider, please contact our customer services department.

C3.2 We bar indirect access to other networks although nothing shall prevent us, in our discretion, from allowing indirect access provided that we shall not be required to allow such indirect access, nor shall we be held liable for any discontinuation of any indirect access.

^ Top ^

C4. Payment
C4.1 We will bill you for your use of the ToucanTalk Call Service monthly in arrears.

C4.2 If you are paying by recurring debit card payment or recurring credit card payment we will inform you as to which day each month you will be charged for the ToucanTalk Call Service. If you are paying by cash or cheque you must make all necessary payments within 14 days of the date of bill or such other date as is specified in our bill.

C4.3 Unless specified by us, where you pay a Periodic Charge which includes use of the ToucanTalk Call Service up to a particular number of minutes for which no further charge is made, any unused time cannot be carried forward from one month to the next.
^ Top ^

C5. Call plan
You may, at any time, change the call plan you selected when choosing the ToucanTalk Call Service by calling our customer services department. The changes requested will take effect no later than 7 days from the date of the request. This excludes changes to the Most Dialled package which will be effective from your next billing cycle.

C6. Termination
C6.1 You may end the ToucanTalk Call Service provided under this Agreement by giving us notice. Please phone us or send your termination notice to our customer services department by fax, email or post as set out in the ToucanTalk User Guide (or at such other address as we may notify you from time to time) or visit our Website.

C6.2 If we receive notice from you in accordance with clause C6.1 of these Special Conditions, we will endeavour to terminate the ToucanTalk Call Service provided to you within 10 working days from your request. You acknowledge that the exact date of termination depends on the alternate telecommunications provider which you select and that we cannot guarantee that your ToucanTalk Call Service will be terminated by a certain date.

C6.3 You agree to continue paying for the ToucanTalk Call Service until the effective date of termination.

^ Top ^

D1. Terms used in these Special Conditions
D1.1 In these Special Conditions the following terms shall have the meanings set
opposite them:

"ToucanGo Service" means the telephone service as more particularly described in
the ToucanTalk User Guide or our Website;

"ToucanTalk Call Service" means the ToucanTalk telephone call service as more
particularly described in the ToucanTalk User Guide and our Website;

"ToucanTalk Line Rental Service" means the telephone ToucanTalk Line Rental Service as more particularly described in the ToucanTalk User Guide and our Website and includes any Optional Features that we provide to you;

"ToucanTalk Service" means the ToucanTalk Line Rental Service and ToucanTalk Call Service together; and

"ToucanTalk User Guide" means our user guide or guides which we may publish from time to time which provide instructions and information about the ToucanTalk Service.

^ Top ^

D2.2 The ToucanGo Service allows you to make calls from a phone other than the one which is registered for your ToucanTalk Service or ToucanTalk Call Service and those calls will be charged to your ToucanTalk Service bill or ToucanTalk Call Service bill (as appropriate).

D2.3 This Agreement in respect of the ToucanGo Service commences:

D2.3.1 if you are a ToucanTalk Service customer, on the date on which your ToucanTalk Call Service component of your ToucanTalk Service commences; and

D2.3.2 if you are a ToucanTalk Call Service customer, on the date on which your Service commences.

^ Top ^

D3.2 You must keep your card separate from your security code. You must keep your security code secure and not disclose your security code to any person. You must telephone our customer services department immediately if your security code has been disclosed or you suspect it has been disclosed to any unauthorised person. Clause 4.2 of the General Terms applies if your security code is disclosed to an unauthorised person.

^ Top ^

D5. Termination
D5.1 Your right to use the ToucanGo Service will terminate automatically at the same time as your ToucanTalk Service or ToucanTalk Call Service (as appropriate) terminates.

D5.2 You may also terminate the ToucanGo Service by giving us notice. Please phone us or send your termination notice to our customer services department by fax, email or post as set out in the ToucanTalk User Guide (or at such other address as we may notify you from time to time) or visit our Website

^ Top ^

These Special Conditions are incorporated into the Customer Agreement for those customers of the ToucanSurf Internet Access Services.

If you are purchasing the ToucanSurf Metered Dial-Up Service, the Special Conditions for all Internet Access Services set out in Section E and the Special Conditions for the ToucanSurf Metered Dial-Up Service set out in Section F apply.

If you are purchasing the ToucanSurf Unmetered Dial-Up Service, the Special Conditions for all Internet Access Services set out in Section E and the Special Conditions for the ToucanSurf Unmetered Dial-Up Service set out in Section G apply.

If you are purchasing a ToucanSurf Broadband Service, the Special Conditions for all Internet Access Services set out in Section E and the Special Conditions for the Broadband Services set out in Section H apply.

To the extent that there is any inconsistency between the Special Conditions in Sections E, F, G and H and the General Terms, the applicable provision of the Special Conditions shall prevail.

^ Top ^

E1. Terms used in these Special Conditions
In these Special Conditions the following terms have the meanings set out opposite them:

"Customer Materials" means the customer materials describing the Internet Access Services in further detail available on our Website and such other service literature as is published from time to time by us;

"Fair Usage Policy" means the ToucanSurf Fair Usage Policy available on our Website as may be amended from time to time;

"Internet Access Service" means the ToucanSurf Internet Access Service provided by us to you under this Agreement;

"Location" means the location at which the Internet Access Service is to be provided, as specified in the current address section of your Customer Application Form or as specified to our customer service representative;

"Modem" means the modem used by you to access the Internet Access Service including any Wi Fi modem, hubs, software and other equipment used with the modem to access the Internet Access Service;

"Re-grade" means your entitlement, as provided further in these terms and conditions, to switch the transmission speed of the Broadband Service or to switch between a capped and uncapped Broadband Service;

"ToucanSurf Broadband Service" means the broadband Internet Access Service described in Section H of these Special Conditions;

"ToucanSurf Metered Dial-Up Service" means the metered dial-up Internet Access Service described in Section F of these Special Conditions; and

"ToucanSurf Unmetered Dial-Up Service" means the unmetered dial-up Internet Access Service described in Section G of these Special Conditions.

^ Top ^

^ Top ^

E4. Our provision of the Internet Access Services
E4.1 The Internet Access Service gives you access to the Internet and a range of Internet services and applications as described in the applicable Special Conditions and in the Customer Materials.

E4.2 The Internet Access Service will be provided to you at the Location except for such Internet Access Service which can be accessed from various other locations.

E4.3 We can only provide Internet Access Services in areas of the United Kingdom in which we are technically able to offer Internet Access Services from time to time.

E4.4 In order to use the Internet Access Service, you need an existing telephone line and a personal computer of a minimum specification. You acknowledge that we are dependent upon certain third parties to install and provide the Internet Access Service to you. We are not responsible to you for any faults or interruption caused by them. We agree to notify the relevant third parties of any issues concerning the Internet Access Service that you bring to our attention, but we cannot guarantee rectification of these issues by the relevant third parties. You also acknowledge that there may be technical limits that prevent us from delivering an operational service to you. We will endeavour to provide the Internet Access Service to you at the specified access rate but, due to congestion within the Network or other technical factors, the speed of service may be reduced at times.

E4.5 We do not undertake to provide a fault-free service. If, however, a fault occurs, you should report the fault by phone, electronic mail or in writing to our customer services department.

E4.6 We may suspend the Internet Access Service including during scheduled periods of downtime where necessary for operational reasons such as repair, maintenance or improvement of the Internet Access Service or because of an emergency. We will let you know as soon as reasonably practicable of any periods of downtime of the Internet Access Service. We will restore, or procure the restoration of, the Internet Access Service as soon as we reasonably can after suspension.

E4.7 We may, for operational or other reasons, change any security codes or the numbers allocated to you or the specification of the Internet Access Service but any such changes will not materially affect the Internet Access Service.

E4.8 We may immediately suspend your access to the Internet Access Service in the event that you do not pay a bill in accordance with clause 6 of the General Terms or any applicable Special Conditions.

^ Top ^

E5. Charges and deposits
E5.1 You agree to pay us the Charges.

E5.2 If you elect to receive paper billing as permitted under clause 6.8 of the General Terms, we will send you your first bill shortly after we begin providing the Internet Access Service to you. We will usually send you a bill each month but we may send you a bill at any time.

E5.3 During the registration process, we will ask you to provide details of a credit card or debit card to enable us to collect payments for your account (including any set-up fees) and for any additional Services that we may provide to you.

E5.4 In the event that the account holder is not the same person as the individual or entity making payment, you hereby agree that you have and will continue to have all necessary permission to use the Services.

E5.5 If you currently receive an Internet access service from another telecommunications provider, you are responsible for any contract you have with them and any liabilities you may incur for terminating your current contract.