Legal

Terms & Conditions

The general terms on which Phonate Telecom supplies telecoms services and equipment to business customers.

Last updated: 17 October 2026

About these terms

These are the general terms and conditions on which Phonate supplies telecommunications services and equipment to business customers. They apply together with your Order Form and any Service Specific Conditions that form part of your contract with us.

These terms are for business customers only. If you are buying for yourself or your household, they do not apply to you.

To be confirmed. The terms for home (consumer) customers need writing and publishing separately. Consumers have statutory rights — including, for most orders made online or by phone, a 14-day cancellation period — that business terms cannot remove.

Who we are

Phonate Telecom is the trading name of InTouch Communication Services Ltd, a company registered in England and Wales. In these terms, "Phonate", "we", "us" and "our" mean InTouch Communication Services Ltd.

Registered name: InTouch Communication Services Ltd
Trading as: Phonate Telecom
Company number: 03606467
Registered office: 3 Mercury Walk, Canary Wharf, London, E14 0UU, United Kingdom
VAT number: GB 722 641 553

1. Definitions

1.1 In these Conditions:

Business Day: a day, other than a Saturday, Sunday or public holiday, when banks in London are open for business.
Carrier: the third-party telecommunications operator or network provider whose network or services we use to supply a Service.
Charges: the amounts you pay for the Services and Equipment, as set out in clause 9.
Commencement Date: the date a Contract takes effect and we start providing the Service. For Maintenance Services it is the Installation Date or, where we are not installing Equipment, the commencement date stated for those services. For Fixed Network, Data and Mobile Services it is the Handover Date for that Service.
Conditions: these terms and conditions, as updated from time to time.
Connection Date: for Data Services, the date the Carrier starts providing the Data Services to you on our behalf.
Contract: the contract between you and us for a particular Service — a Data Services Contract, Fixed Network Services Contract, Maintenance Services Contract or Mobile Services Contract. Each is made up of, in this order of priority, the Order Form, any Service Specific Conditions, the Price Guide and these Conditions.
Contract Date: the date a Contract is formed under clause 2.2.
Customer, you and your: the person or business named on the Order Form who contracts to buy Services from us.
Customer Default: has the meaning given in clause 8.3.
Data Protection Laws: all data protection and privacy law that applies from time to time, including the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations 2003, as amended or replaced.
Data Services: the data services described in your Order, such as broadband and leased lines, and any other data services we agree to supply.
Delivery: has the meaning given in clause 4.2.
Equipment: the equipment set out in the Order Form.
Estimated Installation Date: the date on which we expect to install the Equipment, as we tell you.
Ethernet SLA: our service level agreement for Ethernet services, as updated from time to time. To be confirmed: the Ethernet SLA needs writing before it can be relied on
Extended Term: each renewal period after the Minimum Term, as described in clauses 4.6, 5.3, 6.3 and 7.3.
Fair Use Policy: our fair use policy, as updated from time to time. To be confirmed: the Fair Use Policy needs writing and publishing before it can be relied on
Fixed Network Services: the voice services described in your Order, including telephone lines, cloud telephony and telephone numbers.
Handover Date: the date a Fixed Network, Data or Mobile Service is available for you to use with Phonate as its supplier.
Hosted Sub Licence: a sub-licence we grant you for a hosted product used with the Fixed Network Services.
Installation Date: the date the Equipment is installed.
Installation Services: the installation of Equipment by us or our authorised agents, where it applies.
Maintenance Services: the maintenance services described in your Order, and any other maintenance services we agree to supply.
Minimum Term: unless the Order Form says otherwise, a period of To be confirmed: the standard minimum term starting on the Commencement Date.
Mobile Services: the mobile services described in your Order.
Ofcom: the Office of Communications, or any body that replaces it.
Order: your order for Services, as set out in the Order Form.
Order Form: the document that sets out the Services you want us to provide, their details and, read with these Conditions, how the Charges are worked out.
Price Guide: our standard price list, as varied in the notes section of your Order Form and as updated or notified to you from time to time. To be confirmed: the Price Guide needs approving and publishing
Services: the Installation, Maintenance, Fixed Network, Data and Mobile Services, as applicable to your Contract.
Service Specific Conditions: any policies, terms or procedures that form part of a Contract, including the Standard Service Definition, the Customer Transfer Preference Policy, the Fair Use Policy and any others named in the notes section of your Order Form. To be confirmed: the Standard Service Definition and Customer Transfer Preference Policy need writing
Site: your place of business named on the Order Form, where Services are provided, Equipment is delivered or installation takes place.
Small Business Customer: a customer, including a not-for-profit organisation, that is not a communications provider and has no more than 10 people working for it, whether as employees, volunteers (except in a not-for-profit organisation) or otherwise.
Specification: the written description of the Services and/or Equipment we give you in the Order Form.
VoIP: Voice over Internet Protocol — making telephone calls over the internet.

1.2 How to read these Conditions:

(a) a person includes an individual, a company and an unincorporated body, whether or not it has a separate legal personality;
(b) a reference to a party includes its personal representatives, successors and permitted assigns;
(c) a reference to a law includes that law as amended or re-enacted, and any subordinate legislation made under it;
(d) words such as "including", "include" and "in particular" give examples and do not limit the words before them; and
(e) "writing" and "written" include email, but not fax.

2. Basis of contract

2.1 When we send you an Order Form, we are offering to supply the Services and/or Equipment on these Conditions, the Order and any Service Specific Conditions. We may withdraw that offer at any time before you accept it.

2.2 You accept the offer, and the Contract is formed, when we receive the Order Form signed electronically by you or on your behalf. The Contract comes into existence on that date, subject where relevant to clauses 4.1, 5.5 and 6.5.

2.3 The Contract is the entire agreement between us. You confirm that you have not relied on any statement, promise, representation, assurance or warranty made by us or on our behalf that is not set out in the Order Form, the Service Specific Conditions or these Conditions, or incorporated into them by reference.

2.4 Samples, drawings, descriptions and advertising, including anything in our brochures or on our website, are only intended to give a general idea of the Services. They do not form part of the Contract and have no contractual force.

2.5 These Conditions apply instead of any other terms you try to impose or include, and any terms implied by trade, custom, practice or course of dealing. If these Conditions conflict with any Service Specific Conditions, the Service Specific Conditions win. If either conflicts with the Order Form, the Order Form wins for that Service.

2.6 A quotation from us is not an offer. It is valid for 30 Business Days from the date it is issued.

2.7 You confirm that you are entering into the Contract for the purposes of your business, trade or profession, and not as a consumer.

2.8 Apart from Installation Services, which form part of the Contract they relate to, each order for Mobile, Maintenance, Data or Fixed Network Services is a separate Contract, even if more than one appears on the same Order Form.

2.9 If we fail to supply one Service, or are late supplying it, that does not give you the right to end the Contract for any other Service.

3. Supply of services

3.1 We will supply the Services in accordance with the Contract in all material respects.

3.2 We will use all reasonable endeavours to meet any dates given in the Order Form, but those dates are estimates only and time is not of the essence.

3.3 We may change any Service where that is needed to comply with the law or a safety requirement, or where the change does not materially affect the nature or quality of the Service. We will tell you about any such change.

3.4 We will provide the Services using reasonable care and skill, subject to clauses 4 to 7.

4. Equipment, installation and maintenance

4.1 Any order for Equipment depends on that Equipment being available before the Estimated Installation Date. We will use reasonable endeavours to deliver and install the Equipment with reasonable care and skill within the estimated period, but we do not guarantee that period and time is not of the essence.

4.2 Equipment is delivered when it arrives at your Site, before it is unloaded or unpacked ("Delivery", and "Delivered" has a matching meaning). For Delivery:

(a) you are responsible for checking that the details in the Order are correct;
(b) if you do not take Delivery within 10 Business Days of our telling you the Equipment is ready, it is treated as Delivered, it is at your risk from then, and clause 4.3 applies to it;
(c) if Equipment is delivered in instalments, a delay to one instalment does not entitle you to reject the others or to end the Contract; and
(d) risk in the Equipment passes to you on Delivery, or on deemed Delivery under clause 4.2(b), and you must insure it from then.

4.3 Even after risk has passed to you, Equipment you are buying does not become yours until you have paid us everything due for the Equipment and the Installation Services. Until it does, you must:

(a) not remove, deface or hide any identifying mark on or relating to the Equipment;
(b) keep the Equipment in good condition (unless we are providing Maintenance Services for it at the time) and insure it against all risks for its full price from Delivery or deemed Delivery;
(c) not lease, charge or otherwise use the Equipment as security; and
(d) not move the Equipment from the Site without our written consent.

4.4 Unless you bought the Equipment or we gave it to you free of charge (which does not include Equipment hired to you free of charge), you must:

(a) return the Equipment to us at your cost as soon as we ask, at the end of the Contract or of any hire agreement; and
(b) let us or our agents enter your premises, or any third party’s premises where the Equipment is kept, to recover it.

4.5 On the same basis as clause 4.4, if you are in breach of the Contract you must return the Equipment at your cost as soon as we ask, and let us or our agents enter any premises where it is kept to recover it.

4.6 Subject to clause 2.2, the Maintenance Services start on the Commencement Date and continue for the Minimum Term. At the end of the Minimum Term, and of each Extended Term, the Maintenance Services Contract automatically renews for a further To be confirmed: length of each automatic renewal (an "Extended Term"). Either of us may end it at the end of the Minimum Term or of an Extended Term by giving the other written notice at least To be confirmed: notice period before renewal before that date.

4.7 We supply Maintenance Services only for the Equipment and any other equipment we agree to in writing. Unless we agree otherwise in writing, we supply them in line with the Standard Service Definition, as updated from time to time.

4.8 Maintenance Services do not include repairing or maintaining equipment that is faulty or has failed, wholly or partly, because of:

(i) fair wear and tear;
(ii) the acts, operating errors, omissions or default of you, your agents or your workers;
(iii) failure of air conditioning, or fluctuations in the electrical power supply;
(iv) the failure of any equipment or software attached to or integrated with the Equipment that we did not supply;
(v) vandalism, fire, theft, water or lightning;
(vi) any defect or error in software loaded on to the Equipment;
(vii) any defect or fault in services supplied to us by a Carrier;
(viii) failure by you, your agents or your workers to maintain the Equipment properly, or to operate it in line with the manufacturer’s specifications, guidelines or recommendations; or
(ix) any attempt by you or any third party, other than us or our authorised agents, to repair, reconfigure, reprogram or otherwise alter the Equipment, or any equipment or cabling attached to it.

4.9 If we carry out maintenance on Equipment that, in our reasonable opinion, failed or became faulty wholly or partly for one of the reasons in clause 4.8, we may charge extra for that work at the rates in the Price Guide.

4.10 Subject to clause 14, we are not liable for the loss of any data or information stored on the Equipment, or on any other equipment affected by our maintenance work. You must keep suitable back-ups of all data and information.

4.11 To fix a fault, we may need to reset the Equipment’s software. We are not responsible for resetting or reloading your programming or user profiles afterwards.

4.12 Maintenance Services are limited to supplying and repairing the Equipment on a like-for-like basis, which may include using reconditioned parts or reconditioned Equipment. Any Equipment or parts we remove, replace or install while carrying out the Maintenance Services become, or remain, our property.

4.13 Subject to clause 14, we are not liable for any delay in the Maintenance Services caused by spare parts for any item of Equipment being unavailable, scarce or late.

4.14 If you end a Maintenance Services Contract, in whole or in part, before the end of the Minimum Term or an Extended Term, you must pay us all the charges that would have been due from the end of your notice period (or, if you gave no notice, from the date you told us you no longer intended to be bound by the Contract) to the end of that term.

4.15 Where we have agreed with you that a third party will provide maintenance ("Third-Party Maintenance"), you may contact us first when you need it and we will provide first-line support. After that, you will receive the Third-Party Maintenance directly from the third party.

5. Fixed network services

5.1 Subject to clauses 2.2 and 5.5, the Fixed Network Services start on the Commencement Date and continue for the Minimum Term and any further period under clauses 5.3 and 5.4.

5.2 If the Commencement Date has not happened by the first anniversary of the Contract Date, the Contract for those Fixed Network Services ends automatically, unless we agree otherwise with you. Any rights either of us already has at that point are not affected.

5.3 Subject to clause 5.4, at the end of the Minimum Term, and of each Extended Term, the Fixed Network Services Contract automatically renews for a further To be confirmed: length of each automatic renewal (an "Extended Term"). Either of us may end it at the end of the Minimum Term or of an Extended Term by giving the other written notice at least To be confirmed: notice period before renewal before that date.

5.4 If you are a Small Business Customer, the Fixed Network Services Contract continues after the Minimum Term until you end it by giving us at least 30 days’ written notice. That notice cannot expire before the end of the Minimum Term.

5.5 We will only provide Fixed Network Services under a Fixed Network Services Contract once:

(a) we have carried out any surveys we consider necessary and are satisfied that we can supply them;
(b) the lines the Services are to run over have been installed and are fully working; and
(c) you have given us accurate information and data, to our satisfaction, so that we can work out the Charges and carry out a site survey.

5.6 We will provide the Fixed Network Services using reasonable care and skill, but we cannot guarantee that they will work without interruption or be free of faults or errors. You must report any interruption, fault or error under clause 5.7.

5.7 You must report any interruption, fault or error with the Fixed Network Services in line with the Standard Service Definition, as updated from time to time. We will use reasonable endeavours to correct it in line with that document, but time is not of the essence.

5.8 Despite anything else in these Conditions, we are not liable to you, in contract, tort (including negligence) or otherwise, for anything a Carrier does or fails to do that wholly or partly causes or results in any interruption, fault or error in, or the temporary or permanent withdrawal of, the Fixed Network Services.

5.9 Ofcom can withdraw any telephone number allocated to you in connection with the Fixed Network Services, so we do not promise that any particular number can be provided to you. Numbers are allocated to you on the basis of a licence: you must not sell or transfer any number we give you, except where you have the right to port it.

5.10 When using the Fixed Network Services, you agree:

(a) to make sure they are not used to make offensive, indecent, menacing, nuisance or hoax calls;
(b) not to use them in any way that, in our reasonable opinion, may damage our reputation;
(c) not to break any law, regulation or code of conduct that applies to using or supplying them;
(d) to put in place and maintain suitable security and controls over your networks, equipment and business to prevent fraud, and to prevent calls being generated by third parties;
(e) to maintain properly all equipment you use with them, and to make sure it is technically compatible;
(f) not to use them, or let them be used, in any way that would amount to or contribute to a crime, tort, fraud or other unlawful activity;
(g) not to allow any unauthorised use of them, and to take all reasonable security measures to prevent it;
(h) not to sell or resell them, in whole or in part;
(i) not to misuse them in any way, including by causing so many calls to be made to your numbers that you cannot answer them and a network becomes congested;
(j) that we may publish your name, address and telephone number(s) in directory enquiry services, unless you tell us in writing that you want a special entry, for which we may charge;
(k) that, to protect you against your Fixed Network Services being transferred without your authority, we may cancel an order placed with a third-party supplier if you do not contact us at least 48 hours before the transfer date, in line with the Customer Transfer Preference Policy; and
(l) not to connect anything, directly or indirectly, to the Fixed Network Services unless it meets the essential requirements of the Radio Equipment Regulations 2017 and any other requirements or standards set by law or in our published description of the Fixed Network Services.

5.11 Apart from Equipment you bought or that we gave you free of charge, any Equipment we install or supply in connection with the Fixed Network Services (including handsets, routers and switches) remains our property at all times, and clause 4.3 applies to it. You must return it as soon as we ask or when the Fixed Network Services end, and you are liable for our costs, losses, damages and expenses in repairing, recovering or replacing it.

5.12 When a Fixed Network Services Contract ends for any reason, you must return any Equipment covered by clause 5.11 at your cost. If it is not returned within seven days, we may charge you a fee for each item, as set out in the Price Guide.

5.13 We may make additional charges if you give us inaccurate or misleading information, or if a survey shows that extra construction work is needed for us to supply the Fixed Network Services.

5.14 Where lines and services transfer to us from another supplier, all the relevant existing services that supplier provided to you transfer to us automatically, and we will charge for them in line with the Price Guide.

5.15 You are liable for any charges a third-party supplier makes for transferring lines and services or otherwise, including early termination charges, unless the Order Form clearly says that we will pay them. If it does, we will pay only the charges it sets out.

5.16 Before the Handover Date, we spend significant time and money preparing to provide the Fixed Network Services. If you end the Contract for Fixed Network Services before the Handover Date, you must pay us To be confirmed: pre-handover cancellation charge plus VAT. This clause does not apply to Small Business Customers, who may end a Contract for Fixed Network Services at any time before we start supplying those Services.

5.17 This clause applies if, after the Handover Date, you end the Contract for Fixed Network Services other than as allowed by clause 5.3 (or clause 5.4, if you are a Small Business Customer):

(a) "Remainder of the Term" means, where you end or are treated as having ended the Contract in breach, the period the Contract would have had left to run if you had instead ended it at the earliest point you could have done without breaching it.
(b) Unless you have contracted for line rental only, you must not use lines that we bill to carry calls charged for by another supplier. If you do, you are in breach of the Contract and, at our option, you are treated as having ended the Contract for Fixed Network Services in breach, and this clause 5.17 applies.
(c) If you end the Contract in breach, you must pay us: (i) the line rental you would have paid for the Remainder of the Term, at the rate that applied when the Contract ended; plus (ii) for calls, the greater of To be confirmed: minimum call-charge compensation and your average monthly call charges over the three whole months before the Contract ended, multiplied by the number of months in the Remainder of the Term.

5.18 You must not use any telephone number with the Fixed Network Services that you do not have a legitimate right to use. In particular, you must not present (display as your caller ID) any number you do not have the right to use, such as a competitor’s number.

5.19 Any Hosted Sub Licence we grant you ends when we stop providing the Fixed Network Services it relates to, and all rights in it then revert to us.

5.20 Where the Fixed Network Services include VoIP, you accept that:

(a) we cannot guarantee your ability to make emergency calls or that they will be given priority, and any suspension or interruption of the VoIP service may mean you cannot make emergency calls;
(b) if there is a power cut, you will not be able to reach the emergency services using VoIP, so you should make sure you have another way to do so;
(c) before activation, you must register with us the main fixed location(s) where VoIP will be used for outgoing calls, and keep that information up to date if a location changes or a new one is added;
(d) VoIP is generally not considered as reliable as calls made over conventional telephone lines, and you are advised to keep another way of making telephone calls;
(e) the VoIP service may sometimes be limited, unavailable or interrupted by events outside our control; and
(f) the VoIP service may not offer all the features or resilience you might expect from a conventional telephone line.

6. Data services

6.1 Subject to clauses 2.2 and 6.5, the Data Services start on the Commencement Date and continue for the Minimum Term and any further period under clauses 6.3 and 6.4.

6.2 If the Commencement Date has not happened by the first anniversary of the Contract Date, the Contract for those Data Services ends automatically. If the delay is caused by something outside our control, we may extend that period by six months by giving you written notice, and we may also agree a longer extension with you. Any rights either of us already has when the Contract ends are not affected.

6.3 Subject to clause 6.4, at the end of the Minimum Term, and of each Extended Term, the Data Services Contract automatically renews for a further To be confirmed: length of each automatic renewal (an "Extended Term"). Either of us may end it at the end of the Minimum Term or of an Extended Term by giving the other written notice at least To be confirmed: notice period before renewal before that date.

6.4 If you are a Small Business Customer, the Data Services Contract continues after the Minimum Term until you end it by giving us at least 30 days’ written notice. That notice cannot expire before the end of the Minimum Term.

6.5 We will only provide Data Services under a Data Services Contract once:

(a) we have carried out any surveys we consider necessary to satisfy ourselves that we can supply them, and we are satisfied with the results;
(b) we are not prevented from supplying them by circumstances outside our control — for example, the infrastructure being unable to support the Data Services, your not obtaining permission from a third party such as your landlord to install the infrastructure, or a public body such as a local authority or highways authority refusing consent for the installation where consent is needed;
(c) the lines the Data Services are to run over have been installed and are fully working; and
(d) you have given us accurate information and data, to our satisfaction, so that we can work out the Charges and carry out or commission a site survey.

6.6 If the surveys in clause 6.5 show that more infrastructure is needed than is already in place, we will give you a quotation for that work, which you may accept or decline. If you accept, we will arrange for the work to be done and you will pay for it in line with the quotation, in addition to your other Charges. If you decline, either of us may end the Contract for Data Services, and we will not be obliged to provide them.

6.7 We will provide the Data Services using reasonable care and skill, but we cannot guarantee that they will work without interruption or be free of faults or errors. You must report any interruption, fault or error under clause 6.8.

6.8 You must report any interruption, fault or error with the Data Services in line with the Standard Service Definition (or the Ethernet SLA, where it applies). We will use reasonable endeavours to correct it in line with that document, but time is not of the essence.

6.9 Despite anything else in these Conditions, we are not liable to you, in contract, tort (including negligence) or otherwise, for anything our suppliers do or fail to do that wholly or partly causes or results in any interruption, fault or error in, or the temporary or permanent withdrawal of, the Data Services.

6.10 When using the Data Services, you agree and, where appropriate, accept:

(a) to comply with clauses 5.10(a) to 5.10(i) as if they referred to the Data Services instead of the Fixed Network Services. You are liable for, and will indemnify us in full against, all losses, liabilities, damages, costs, claims and expenses (including reasonable legal fees) arising from any claim by us or a third party in connection with any breach of this clause, or any misuse or illegal use of the Services by you or any of your end users;
(b) not to misuse the Data Services in any way, including by sending or receiving data in a way or in a volume that exceeds agreed usage limits or harms the network, us or our other customers;
(c) that the speed of any Data Services or connection depends on factors outside our control — such as local availability, distance from the exchange and peak traffic — and that we do not promise your connection will reach the maximum advertised speed;
(d) that, unless the Order Form says otherwise, the Data Services do not include our supplying the lines, modems or other equipment you may need to use them, or advice on these, unless we are separately engaged to do so under a separate contract;
(e) to comply with our Fair Use Policy; and
(f) to provide suitable space and conditions at the Site for the equipment used to provide the Data Services.

6.11 We have a duty to all our customers to protect the integrity and capacity of the network and to avoid degrading it. You agree that:

(a) if, in our reasonable opinion, your use of the Data Services is affecting or may affect the integrity or capacity of any network, we may take whatever steps we consider appropriate to manage your Data Services;
(b) we and/or the Carrier may take whatever steps we consider necessary to stop emails that appear to be bulk or unsolicited from entering networks, which may include blocking access to or delivery of those emails; and
(c) we and/or the Carrier may use virus-screening technology, which may delete or alter emails or their attachments.

6.12 Apart from Equipment you bought or that we gave you free of charge, any Equipment we install or supply in connection with the Data Services (including routers) remains our property at all times, and clause 4.3 applies to it. You must return it as soon as we ask or when the Data Services end, and you are liable for all our costs, losses, damages and expenses in repairing, recovering or replacing it.

6.13 When a Data Services Contract ends for any reason, you must return any Equipment covered by clause 6.12 at your cost. If it is not returned within seven days, we may charge you a fee for each item, as set out in the Price Guide.

6.14 You are liable for all cancellation or termination payments and charges, including early termination charges, that a previous supplier makes for transferring services and lines to us, unless the Order Form says that we will pay them.

6.15 Before the Connection Date, we spend significant time and money preparing to provide the Data Services. If you end the Contract before the Connection Date, you must pay us:

(a) To be confirmed: pre-connection preparation charge plus VAT for the time we have spent preparing to provide the Data Services; and
(b) the direct expenses, plus VAT, that we have incurred with our supplier(s) in preparing to provide the Data Services, up to To be confirmed: cap on supplier costs per leased line per leased line.

Paragraph (a) of clause 6.15 does not apply to Small Business Customers.

6.16 This clause applies if, after the Connection Date, you end the Contract for Data Services other than as allowed by clause 6.3 (or clause 6.4, if you are a Small Business Customer):

(a) "Remainder of the Term" means, where you end or are treated as having ended the Contract in breach, the period the Contract would have had left to run if you had instead ended it at the earliest point you could have done without breaching it. If you end the Contract in breach after the Connection Date but before the Handover Date, the Remainder of the Term is treated as starting on the Connection Date.
(b) To provide the Data Services, we enter into a fixed-term contract with our supplier on the Connection Date. As is usual with such contracts, we may remain liable to our supplier even if your Contract for Data Services ends before the end of the Minimum Term or an Extended Term.
(c) If you end the Contract for Data Services in breach, you must pay us, as liquidated damages, the amount you would have paid us for the Data Services for the Remainder of the Term (at the rate that applied when the Contract ended), less any reduction under clause 6.16(d). If the Contract ends after the Connection Date but before the Commencement Date, the rate used is the one that would have applied on the Commencement Date had the Contract not ended.
(d) If clause 6.16(c) applies and a supplier we use to provide the Data Services reduces what it charges us for the Remainder of the Term below what it is contractually entitled to charge, we will tell you the amount of the reduction and deduct it from the amount payable under clause 6.16(c).

7. Mobile services

7.1 For the Mobile Services, these words have the following meanings:

Airtime Provider: the mobile network operator or wireless communications provider concerned.
Connection: a connection to an Airtime Provider’s network.
Hardware Fund: the fund allocated to you to buy equipment in connection with the Mobile Services.
Retail Mobile Services: mobile services we provide to you where you contract directly with an Airtime Provider.
Support Hours: our office hours, currently Monday – Saturday, 9:00am – 5:30pm. To be confirmed: whether support is available on bank holidays
Wholesale Mobile Services: mobile services we provide to you where you contract directly with us and not with an Airtime Provider.

7.2 Subject to clauses 2.2 and 7.5, the Mobile Services start:

(a) for Wholesale Mobile Services, on the Commencement Date, and continue for the Minimum Term and any further period under clauses 7.3 and 7.4; and
(b) for Retail Mobile Services, on the date you sign your contract with the Airtime Provider and the Airtime Provider processes it, and continue until that contract expires, the Airtime Provider ends it, or the Airtime Provider otherwise releases you from it.

7.3 Subject to clause 7.4, for Wholesale Mobile Services, at the end of the Minimum Term, and of each Extended Term, the Mobile Services Contract automatically renews for a further To be confirmed: length of each automatic renewal (an "Extended Term"). Either of us may end it at the end of the Minimum Term or of an Extended Term by giving the other written notice at least To be confirmed: notice period before renewal before that date.

7.4 If you are a Small Business Customer, the Mobile Services Contract continues after the Minimum Term until you end it by giving us at least 30 days’ written notice. That notice cannot expire before the end of the Minimum Term.

7.5 We will only provide Mobile Services under a Mobile Services Contract subject to:

(a) your giving us accurate information and data, to our satisfaction, so that we can provide them;
(b) network coverage; and
(c) the availability of equipment.

7.6 As long as you pay the Charges, we will support the Mobile Services as follows:

(a) for Wholesale Mobile Services, remote support during Support Hours, unless we agree otherwise with you. On-site support is chargeable; and
(b) for Retail Mobile Services, limited support during Support Hours in line with the Airtime Provider’s terms. On-site support is chargeable.

7.7 We will run a telephone helpdesk to receive and handle requests for support with the Mobile Services.

7.8 When using the Mobile Services, you agree:

(a) that we will provide support remotely, unless we agree otherwise;
(b) to keep your data backed up and your software up to date, and to make available staff with the skills, knowledge and authority to help us diagnose faults and carry out reasonable instructions to fix them or stop them happening again; and
(c) that you use any online management or billing portal at your own risk, and are responsible for any charges or service disruption that result.

7.9 You accept and agree that:

(a) we are not responsible or liable for any loss you suffer because of a fault caused by an error or defect in the network or software;
(b) our only responsibility for issues with hardware supplied in connection with the Mobile Services is to diagnose faults. Faults are corrected under the manufacturer’s warranty;
(c) we are not liable for any loss of data, loss of productivity or financial loss caused by incomplete or corrupt back-ups or back-up procedures, network outages, or errors, failures or defects in the operating system; and
(d) because we may receive payments from the Airtime Provider when you take up the Mobile Services, you remain liable to us — and do not escape that liability — if the Airtime Provider releases you from your contract for any reason, including where you are released because of an error by the Airtime Provider on a two-year contract.

7.10 We will provide the Mobile Services through staff with suitable skills and experience, but we cannot guarantee that the Mobile Services will work without interruption or errors. You must report any interruption, fault or error to the helpdesk described in clause 7.7. The promises we make in clause 3.4 and this clause 7.10 replace, and exclude, any other condition or warranty about the Mobile Services, whether express or implied by law.

7.11 Where you use equipment you own or are entitled to use with the Mobile Services, you confirm that you own it or have a valid right to use it, and that it is your responsibility to make sure it works and is suitable for receiving and using the Mobile Services. For example, you must check that any handset you plan to use is unlocked; that is not our responsibility.

7.12 Despite anything else in these Conditions, we are not liable to you, in contract, tort (including negligence) or otherwise, for anything the Airtime Provider does or fails to do that wholly or partly causes or results in any interruption, fault or error in, or the temporary or permanent withdrawal of, the Mobile Services.

7.13 You will fully indemnify us against all costs, expenses, liabilities, losses, damages and judgments we incur or become subject to because of a breach of clause 7.11.

7.14 Apart from Equipment you bought or that we gave you free of charge, any Equipment we supply or install in connection with the Mobile Services (including SIMs, handsets and any subsidised equipment) remains our property at all times, and clause 4.3 applies to it. You must return it as soon as we ask or when the Mobile Services end, and you are liable for our costs, losses, damages and expenses in repairing, recovering or replacing it.

7.15 When a Mobile Services Contract ends for any reason, you must return any Equipment covered by clause 7.14 at your cost. If it is not returned within seven days, we may charge you a fee for each item equal to its full market value when it was supplied to you.

7.16 For any equipment we supply or install in connection with the Mobile Services, other than equipment you bought or that we gave you free of charge:

(a) you must tell us in writing within three Business Days of receiving it if any of it is damaged, or if the order was fulfilled incorrectly;
(b) we do not have to give you a refund, an exchange or a credit to the Hardware Fund for equipment you ordered by mistake;
(c) we do not have to agree to any upgrade of the equipment we supply at any time, including during or after the Minimum Term, but if we do, we may extend the Minimum Term; and
(d) supply is subject to availability.

7.17 Any Hardware Fund, and any equipment charged to it, is provided on the basis that you complete the Minimum Term, or the minimum period of your contract with the Airtime Provider, as applicable.

7.18 When the Mobile Services Contract completes the Minimum Term, or the minimum period of your contract with the Airtime Provider, as applicable, full ownership of any handsets we supplied passes to you. You have no right to claim any balance remaining in the Hardware Fund.

7.19 If, at the end of the Minimum Term or of the minimum period of your contract with the Airtime Provider, your Hardware Fund is in a negative position, you agree that we may invoice you for the full negative balance, and you will pay it on our standard payment terms.

7.20 If you end a Connection before its minimum period has expired, you must pay us a lump sum equal to the total Hardware Fund originally provided at connection or renewal, as applicable, less any unspent amount we still hold.

7.21 If you end a Connection before its minimum period has expired and you have used the whole Hardware Fund, you must pay us a lump sum equal to the Hardware Fund provided for the Connection(s) concerned, based on its value at the start of the current minimum period.

7.22 If you end a Connection before its minimum period has expired and equipment was supplied free of charge or at a reduced price, you must pay us a lump sum equal to the market value of that equipment at the start of the current minimum period.

7.23 The sums in clauses 7.20, 7.21 and 7.22 are payable in addition to any cancellation charge under clause 12, and to any early termination charges for the rest of the Minimum Term that we or the Airtime Provider apply under your contract with the Airtime Provider.

7.24 If you end any Connection before the end of the Minimum Term, we may claw back any discount that depended on your completing the Minimum Term.

7.25 You may ask for a mobile number to be moved to another provider, subject to any outstanding contractual payments. Where a Connection on 30-day rolling terms is ceased, disconnected or ended for any reason within To be confirmed: early-cease period of activation, you must pay an early cease fee of To be confirmed: early cease fee per Connection plus VAT for each Connection affected. This applies whether the number is moved to another provider, given up or otherwise disconnected. It does not apply to a Connection activated on a fixed minimum term, for which the applicable early termination charges apply instead.

8. Your general obligations

8.1 In relation to the Services, you:

(a) must make sure that the terms of the Order and any information you give in the Specification are complete and accurate;
(b) must give us, our employees, agents, consultants and subcontractors the access to your premises, office accommodation and other facilities that we reasonably need;
(c) must give us the information and materials we reasonably need to supply the Services and/or Equipment, and make sure that information is accurate in all material respects;
(d) must prepare your premises for the Services, where relevant;
(e) must obtain and keep all licences, permissions and consents needed before the Services are due to start, where relevant;
(f) agree that we are not liable or responsible for any failure or delay in the Services caused by, or connected with, third-party infrastructure used to supply them;
(g) agree to co-operate with any criminal investigation, or any investigation by a regulator, relating to the supply of the Services;
(h) are responsible for the accuracy of all specifications, drawings, sketches, plans, descriptions and instructions you give us in connection with the Services and/or Equipment;
(i) must comply with all Service Specific Conditions; and
(j) must comply with the Fair Use Policy, where it applies.

To be confirmed. Call recording. The source terms let the supplier record calls for customer service, training and marketing. Before Phonate adopts any recording clause, it needs confirming what is recorded and why, how callers are told, and how the consent of every party is obtained where calls are handled by colleagues in Egypt, where recording a call without the consent of all parties is unlawful. Marketing is not a purpose to carry over without that review.

8.2 You are responsible, and liable to us, for all use of the Services and any Charges incurred — whether by your employees, by anyone you have given access to the Services, or by anyone who gains access for fraudulent or illegal purposes, even if you did not authorise that use. We strongly advise you to put robust and effective security in place to prevent unauthorised or fraudulent use.

8.3 If anything you do or fail to do — including failing to perform any relevant obligation, or to comply with any obligation or policy under these Conditions — prevents or delays our performance of any of our obligations (a "Customer Default"):

(a) without limiting our other rights or remedies, we may suspend any Service until you remedy the Customer Default, and rely on it to excuse us from performing our obligations to the extent it prevents or delays them;
(b) we are not liable for any costs or losses you incur, directly or indirectly, because we fail or are late to perform any of our obligations as described in this clause 8.3; and
(c) you must repay us, on written demand, any costs or losses we incur directly or indirectly because of the Customer Default.

8.4 Without affecting clause 8.3 or any other remedy we have, we may suspend any Service, or end the Contract for it, without further liability to you, if:

(a) we have to comply with an order, instruction or request of a competent government body;
(b) we stop providing telecommunications services;
(c) in our reasonable opinion, or the Carrier’s, the Services are being used fraudulently or unlawfully; or
(d) in our reasonable opinion, or the Carrier’s, improvements or repairs are needed to any network or equipment used for the Services.

8.5 If you do not pay one or more invoices by the due date, we will tell you in writing that the amount is overdue. If you have still not paid within 14 days of that notice, we may, at our discretion, refuse to support the Services and/or any Equipment concerned, and you agree that support may be withheld until we are satisfied that the outstanding amount has been paid or the balance put right.

8.6 We are not liable or responsible for any charges, costs, fees, expenses or other liability resulting from, or connected with:

(a) fraudulent or unauthorised use of any Service, Equipment or software, or fraudulent or unauthorised downloads from applications that result in corruption, attack, viruses, interference, hacking or any other security intrusion. You are responsible for, and must pay, all charges, costs, fees and expenses resulting from such use; or
(b) any security intrusion on your server or network that is not our direct responsibility.

9. Charges and payment

9.1 You must pay the Charges for the Services and/or Equipment in line with this clause 9 and, for Data Services and Fixed Network Services, clause 10 as well. Any annual change to the Charges is: To be confirmed: the annual price-change mechanism, if any

To be confirmed. The source applies an automatic yearly rise of CPI plus a fixed percentage. Ofcom’s rules now require mid-contract price rises for consumers and small business customers to be set out in pounds and pence when the contract is agreed, so any price-change clause here must be checked by a legal adviser, and its figures approved by pricing sign-off, before it is used.

9.2 The Charges for Equipment and Installation Services are as set out in the Order Form and the Price Guide and are worked out in line with these Conditions. Unless the Order Form says otherwise, they are payable on Delivery. Where we hire Equipment to you and you are (1) an individual, (2) a partnership of two or three people who are not all companies, or (3) an unincorporated body that is not entirely made up of companies and is not a partnership, the hire is always free of charge. In that case we keep ownership of the Equipment for the whole of the Contract and you must return it when the Contract ends. If it is not returned within seven days of the Contract ending, we may charge you a fee for each item, as set out in the Price Guide.

9.3 You must pay any deposit set out in the Order Form within seven days of sending us the Order Form.

9.4 The Charges for Maintenance Services are as set out in the Order Form and worked out in line with these Conditions. Unless the Order Form says otherwise, they are payable monthly in advance, with the first payment due on the first anniversary of the Commencement Date of the Maintenance Services Contract and monthly after that.

9.5 Where clause 4.9 applies, we may make the additional charges set out in the Price Guide.

9.6 We may charge you a call-out fee if a call-out is based on incorrect information you gave us, or if our engineer cannot get into the premises within the times we gave you for the call-out.

9.7 In addition to any change under clause 9.1, the Charges for Maintenance Services increase on each anniversary of the Commencement Date by To be confirmed: annual maintenance increase, if any.

9.8 Where Charges depend on your usage, usage is measured from the data we record or log, not from any data you record or log.

9.9 This clause applies to any increase in the Charges other than those under clause 9.1, clause 9.10 (increases by our suppliers) and clause 9.11 (regulatory increases). We may increase the Charges for any Service, including by revising any tariff, by giving you written notice at least 30 days before the increase takes effect. If the increase is not acceptable to you, you must tell us in writing within 14 days of our notice that you wish to end the Contract; otherwise you are treated as having accepted it.

9.10 Subject to the applicable regulations, if a third-party supplier increases what it charges us, we may increase the Charges for any Service by the same amount, no more than once a calendar month. We will tell you in writing of any such increase.

9.11 Where we increase the Charges for any Service because of a regulatory change, and the increase is no greater than the extra cost the change causes us, we will give you written notice at least 30 days before the increase takes effect. In that case you do not have the right to cancel the Contract.

9.12 Unless these Conditions or the Order say otherwise, you must pay each invoice we send you within 14 days of the invoice date, in full and in cleared funds, to a bank account we nominate in writing.

9.13 Time for payment of all Charges is of the essence of the Contract.

9.14 All amounts payable under the Contract exclude VAT. You must pay us any VAT chargeable on the Services at the same time as you pay for them.

9.15 An invoice is treated as accepted unless, within 30 days of its date, you send us a written objection that clearly identifies the invoice and why you dispute it.

9.16 If you do not pay any amount due under the Contract by the due date, you must pay interest on the overdue amount at To be confirmed: late-payment interest rate. Interest accrues daily from the due date until the overdue amount is actually paid, whether before or after any judgment, and you must pay it together with the overdue amount.

9.17 You must pay all amounts due under the Contract in full, without any set-off, counterclaim, deduction or withholding, except as required by law. We may at any time, without limiting our other rights or remedies, set off any amount you owe us against any amount we owe you.

9.18 We may exercise a lien over any of your equipment or goods in our possession for all money you owe us.

9.19 If we are late raising an invoice for any Charges, we may still invoice them later, and you must pay them.

9.20 We may make additional charges for paper billing, late payment, reconnection, payment by a method other than direct debit, and incorrect fault reporting, as set out in the Price Guide.

To be confirmed. The source expects customers to raise incidents and service requests through an online customer portal, and allows a fee per call where they routinely phone or email instead. Whether Phonate offers a customer portal, and whether any such fee applies, need confirming before a clause is added.

9.21 We may recover any costs we incur, including legal fees, on a full indemnity basis, as a result of your failure to comply with these Conditions or any Service Specific Conditions.

10. Charges for data and fixed network services

10.1 The Charges for the Fixed Network Services and Data Services are as set out in the Order Form, subject always to clause 9.1, and as otherwise worked out under the Contract.

10.2 Line rental is payable from the Handover Date, monthly in advance, by direct debit or any other method set out in the Order.

10.3 You must pay all call Charges, whether the calls are made by you or by a third party. Subject to clause 10.4, we will invoice call Charges monthly in arrears, and you must pay each invoice by direct debit within 14 days of its date.

10.4 Despite clauses 10.2 and 10.3, we may invoice you for Charges at any time.

10.5 If we supply you with temporary Data Services and/or Fixed Network Services, we may charge you in advance for the whole period they are to be provided.

10.6 If your call charges in any month are below To be confirmed: minimum monthly call charge, we may charge that amount as a minimum fee for calls for that month.

10.7 For Fixed Network Services that include, or are made up only of, inbound voice services and inbound numbers, you accept that we based the Charges on the forecast you gave us of the total number and duration of calls to the inbound numbers.

10.8 You also accept that we may apply a charge of To be confirmed: charge per under-used inbound number, calculated monthly and payable in arrears, for each inbound number that carries no traffic in a month, or carries at least 50% less traffic than the forecast under clause 10.7.

11. Charges for mobile services

11.1 For Wholesale Mobile Services, and despite clause 9.1, you accept that we may increase the line rental Charges at our discretion by giving you at least 30 days’ written notice, up to a maximum of To be confirmed: annual cap on line rental increases in any one year.

11.2 Charges for calls, including data usage, may change without notice to you.

12. Cancellation charge

If you cancel a Service or an order for Equipment, we may charge you a cancellation or restocking fee, as applicable, for each cancellation. To be confirmed: the cancellation and restocking fees, or confirmation that they are set out in the Price Guide

13. Confidentiality and data protection

13.1 Each of us (the "receiving party") must keep strictly confidential all technical or commercial know-how, specifications and initiatives of a confidential nature that the other (the "disclosing party"), or its employees, agents or subcontractors, discloses to it, and any other confidential information about the disclosing party’s business, products and services that it obtains. The receiving party may disclose confidential information where required by law, by a government or regulatory authority, or by a court. This clause 13.1 continues after the Contract ends.

13.2 Each of us will comply with all applicable requirements of the Data Protection Laws. This clause 13 is in addition to, and does not replace or reduce, either party’s obligations or rights under the Data Protection Laws. In this clause, "Controller", "Processor", "Data Subject", "Personal Data", "Personal Data Breach" and "Processing" (and related words) have the meanings given in the Data Protection Laws.

13.3 You accept that we may use the information you give us when becoming a customer, which may include Personal Data, to supply the Equipment and/or Services to you, to improve the Services, for statistical analysis and for marketing. Where relevant, we are the Controller of that Personal Data. We may share it, in whole or in part, with our third-party service providers so that we can supply the Equipment and/or Services under the Contract. We will Process Personal Data in line with the Data Protection Laws and our Privacy Policy, published at phonate.co.uk/privacy-policy.

13.4 You accept that you may give us, and we may Process on your behalf, Personal Data about your clients, staff and other contacts, and that we may share it, in whole or in part, with our third-party service providers so that we can supply the Equipment and/or Services under the Contract. For that Personal Data, we are the Processor and you are always the Controller.

13.5 Without limiting clause 13.2, you will make sure that you have all the consents and notices needed to lawfully transfer the Personal Data to us for the duration and purposes of the Contract, and you will only give us the Personal Data we need to perform our obligations under it.

13.6 The details of our Processing are as follows, and may be updated as we agree in writing:

(a) the subject matter of the Processing is the performance of the Services under the Contract;
(b) subject to clause 13.7(h), we will Process Personal Data for the duration of the Contract, unless we agree otherwise in writing;
(c) we will Process Personal Data received under the Contract only for the purposes set out in the Contract and as generated by your use of the Services (or use by your employees, agents or subcontractors);
(d) the types of Personal Data Processed may include name, title, company, email address, postal address, telephone number, contract records, position and passwords; and
(e) the Data Subjects, which you decide and control, may include (i) your employees, directors and contractors, and (ii) your customers, or third parties you authorise to use the Services.

13.7 Without limiting clause 13.2, where we Process Personal Data as your Processor we will:

(a) Process it only on your documented written instructions, unless the Data Protection Laws require us to do otherwise, in which case we will tell you of that legal requirement before Processing, unless the law prohibits this on important grounds of public interest;
(b) tell you immediately if, in our opinion, an instruction breaks the Data Protection Laws, and we will not have to follow that instruction;
(c) have appropriate technical and organisational measures in place to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage, appropriate to the harm that could result and the nature of the data, taking into account the state of technology and the cost of the measures. These may include pseudonymising and encrypting Personal Data, ensuring the confidentiality, integrity, availability and resilience of our systems and services, making sure access to Personal Data can be restored promptly, and evaluating how effective those measures are;
(d) make sure everyone who has access to or Processes the Personal Data is obliged to keep it confidential;
(e) not transfer any Personal Data outside the United Kingdom without your prior written consent, and only where appropriate safeguards are in place, the Data Subject has enforceable rights and effective legal remedies, we give an adequate level of protection to the data transferred, and we follow any reasonable instructions you give us in advance about the Processing;
(f) taking into account the nature of the Processing, and so far as possible, help you, at your cost, to respond to Data Subject access requests and to meet your obligations under the Data Protection Laws on security, breach notification, impact assessments and consultation with regulators;
(g) tell you without undue delay after becoming aware of a Personal Data Breach;
(h) on your written instruction, delete or return the Personal Data and any copies when the Contract ends, unless the Data Protection Laws require us to keep it; and
(i) keep complete and accurate records and, on your prior written request at reasonable intervals, give you all the information needed to show that we comply with this clause 13, and allow and contribute to audits and inspections by you or your appointed auditor. You must give us at least 30 Business Days’ written notice; we must agree the scope, timing and length of the audit with you; it must take place on Business Days during our office hours and with as little disruption as possible to our business, our sub-processors and our other customers; it must not cause us to breach our confidentiality obligations to anyone else; and you must pay our reasonable costs of the audit.

To be confirmed. Phonate has colleagues in Egypt and Bangladesh. Whether customer Personal Data is accessed or processed from outside the UK, and the safeguards that cover it, need confirming, so that clause 13.7(e) and the Privacy Policy describe what actually happens.

13.8 You consent to our appointing third-party sub-processors of Personal Data in connection with providing the Services and/or Equipment under the Contract. We will keep an up-to-date list of sub-processors, available on request. We confirm that we have entered, or will enter, into a written agreement with each sub-processor on terms substantially similar to this clause 13, to the extent relevant to the services it provides, and that those terms reflect and will continue to reflect the requirements of the Data Protection Laws. As between you and us, we remain fully liable for everything a sub-processor we appoint does or fails to do.

14. Limitation of liability

14.1 Nothing in the Contract limits or excludes our liability for:

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

14.2 Subject to clause 14.1, we are not liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Contract, for:

(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of, or damage to, goodwill;
(f) loss of use, or corruption, of software, data or information;
(g) loss, compromise or disclosure of data resulting from a security breach of your server or network; or
(h) any indirect or consequential loss.

14.3 We are not responsible for troubleshooting, interoperability or interface issues, or for the functionality of your software, products or equipment (whether we supplied them under this Contract or a separate one, or a third party supplied them), where the issue is:

(a) caused by upgrades, fixes or changes made by third parties, including software providers or anyone acting on their instructions;
(b) about third-party products that are not within the scope of the Services; or
(c) the result of upgrades within the scope of the Services, but affecting your software, products or equipment that are outside that scope.

14.4 Subject to clauses 14.1 and 14.2, our total liability to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Contract, is limited for all claims (connected or not) in any period of 12 consecutive months to the total Charges you paid in that period for the Equipment and/or the Service the claim relates to.

14.5 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded from the Contract to the fullest extent the law allows.

14.6 If you are a consumer, nothing in these Conditions affects your statutory rights.

14.7 This clause 14 continues after the Contract ends.

15. Termination

15.1 Without affecting any other right or remedy, either of us may end a Contract by giving the other 14 days’ written notice if the other:

(a) fails to pay any amount due under the Contract on the due date, and is still in default at least 14 days after being told in writing to make the payment;
(b) commits a material breach of any other term of the Contract and, if the breach can be put right, fails to put it right within 30 days (for a breach by you) or 60 days (for a breach by us) of being told in writing to do so;
(c) suspends, or threatens to suspend, payment of its debts, is unable to pay its debts as they fall due, or admits that it cannot pay them; or (being a company or limited liability partnership) is treated as unable to pay its debts under section 123 of the Insolvency Act 1986, as if the words "it is proved to the satisfaction of the court" did not appear in sections 123(1)(e) and 123(2); or (being an individual) is treated as unable to pay its debts, or as having no reasonable prospect of doing so, under section 268 of the Insolvency Act 1986; or (being a partnership) has any partner to whom any of this applies;
(d) starts negotiations with all or any class of its creditors to reschedule any of its debts, or proposes or enters into any compromise or arrangement with its creditors, other than (being a company) solely for a solvent amalgamation with one or more other companies or a solvent reconstruction;
(e) applies to court for, or obtains, a moratorium under Part A1 of the Insolvency Act 1986;
(f) is the subject of a petition, notice, resolution or order for, or in connection with, its winding up (being a company, limited liability partnership or partnership), other than solely for a solvent amalgamation with one or more other companies or a solvent reconstruction;
(g) is the subject of an application or order for the appointment of an administrator, or of a notice of intention to appoint one, or has an administrator appointed (being a company, partnership or limited liability partnership);
(h) has a holder of a qualifying floating charge over its assets (being a company or limited liability partnership) who has become entitled to appoint, or has appointed, an administrative receiver;
(i) is the subject of a receiver, or of a person becoming entitled to appoint a receiver, over all or any of its assets;
(j) (being an individual) is the subject of a bankruptcy petition, application or order;
(k) has a creditor or encumbrancer attach or take possession of, or has a distress, execution, sequestration or similar process levied or enforced on or sued against, all or any part of its assets, and that attachment or process is not discharged within 14 days;
(l) is the subject of any event or proceeding in any jurisdiction that has an effect equivalent or similar to any of those in clauses 15.1(c) to 15.1(k); or
(m) suspends or stops, or threatens to suspend or stop, carrying on all or a substantial part of its business.

15.2 We may also end a Contract immediately by notice if we find that any information you have given us is false or misleading.

15.3 We may also end any or all of our Contracts with you by written notice if you fail to pay any amount due under a Contract on the due date and are still in default at least 14 days after being told in writing to make the payment.

16. Clauses still to be supplied

To be confirmed. The source document ends at clause 15, although it refers to a force majeure clause. Before these terms are complete, the following need drafting or approving by a qualified adviser: force majeure (events outside either party’s control); assignment and subcontracting; how notices are given; how and when Phonate may change these Conditions; the formal complaints procedure and the Alternative Dispute Resolution scheme Phonate belongs to; and the governing law and the courts that have jurisdiction.

How to contact us

Email info@phonate.co.uk or call 020 3153 0000. Our office hours are Monday – Saturday, 9:00am – 5:30pm.