Your AOL Talk service is provided by TPH Services Sàrl.
This AOL Talk Agreement is in addition to the AOL Access Agreements and the AOL Web Services Agreements, which govern your use of the AOL Access Service and the AOL Web Services respectively.
You should be aware that the above services are associated and that if your account with one party is suspended, cancelled or terminated, your agreement with the other party may also be suspended, cancelled or terminated.
The AOL Talk service provided under this Agreement may be managed by and/or billed for by someone on our behalf.
Telephony orders or orders placed via the Carphone Warehouse in store or online ordering system: By placing your Order, you are making an offer to contract with TPH Services Sàrl for the AOL Talk Service (the "Offer"). Your Offer has not been accepted and there is therefore no binding contract until TPH Services Sàrl has posted a written acceptance from Luxembourg.
Online orders placed directly with TPH Services Sàrl: during the online order process, you are entering into legal agreement with TPH Services for the provision of AOL Talk.
AOL Talk Agreement
1. Introduction
1.1 These AOL Talk Terms and Conditions (the "AOL Talk Agreement") describe your rights and responsibilities as a subscriber to the AOL Talk carrier pre-select telephone service (the "AOL Talk Service") and those of TPH Services Sàrl ("TPH", "we" or "us") as the provider of the AOL Talk Service.
1.2 Subscription to the AOL Talk Service means that TPH (and our partners) will carry calls made on your BT telephone line without you having to dial a routing prefix or use any additional equipment. The AOL Access Agreement which governs your use of the AOL Access Services as a whole supplements this AOL Talk Agreement and the AOL Talk Agreement should be read in conjunction with the AOL Access Agreement.
1.3 You must be:
1.3.1 the person renting the BT telephone line with the number specified in your application for the Service (the "Phone Line") (or properly authorised by such person to use the Service on that Phone Line); and
1.3.2 the holder of an AOL Access Account that is not in arrears. You must continue to hold your AOL Access Account (and subscribe to one of our internet packages) in order to receive the AOL Talk Service.
1.4 The AOL Talk Service does not include line rental, or the provision to you of any equipment, maintenance or other special services such as call waiting, and you will still have to pay the relevant provider (whether BT or otherwise) for such services supplied in relation to the Phone Line. See http://myaolbroadband.co.uk/talkfaqs for examples of other services not provided by us as part of the AOL Talk Service. BT remains responsible for connection and maintenance of the Phone Line.
1.5 The Service is only available for Phone Lines located in the UK, excluding the Isle of Man and the Channel Islands.
2. Technical requirements
2.1 We may be unable to provide the AOL Talk Service to you if the Phone Line cannot be activated or because of any other technical limitations (for example if outgoing calls are barred, or you are on certain price plans such as the BT Light User Scheme). This may happen even after you have received confirmation that the Service has been activated. If this happens, we shall notify you as soon as is reasonably possible. This AOL Talk Agreement will terminate from the date of such notice with no further liability.
2.2 You are responsible for:
2.2.1 obtaining all necessary consents you may need from third parties (e.g. your landlord or the person who rents the Phone Line) before you order the AOL Talk Service;
2.2.2 testing any alarm system which is connected to the Phone Line, confirming with your alarm system provider that the installation and use of the Service is compatible with the correct functioning of that alarm system, and notifying any problems with the alarm system to BT or the alarm system provider as appropriate;
2.2.3 ensuring that any services linked to the Phone Line are compatible with the AOL Talk Service and, if not, for having such services removed or amended to ensure compatibility; and
2.2.4 ensuring that any equipment connected to or used with the AOL Talk Service is connected and used in accordance with any applicable instructions, regulations, security or safety procedures.
3. Ordering and Installing the AOL Talk Service
3.1 Following your order, we will check whether the Phone Line is technically suitable for the AOL Talk Service. We will then instruct BT to activate the AOL Talk Service on the Phone Line, and we will notify you.
3.2 (a) by e-mail (to your main AOL Master Screen name), and by post (to the address you provided in your application for the AOL Talk Service) to confirm that your order for the AOL Talk Service is being processed, with a date for when we estimate the AOL Talk Service will be activated; and (b) by e-mail (to your main AOL Master Screen name) when we have been notified by BT that activation has been completed.
3.3 We will provide you with a written copy of this AOL Talk Agreement when we send you the postal notification referred to at 3.2 above.
3.4 You may contact us to find out the status of your order for the AOL Talk Service using the contact details available at http://myaolbroadband.co.uk/talkfaqs.
4. Information about the AOL Talk Service
4.1 If you need help or further information about the AOL Talk Service, you may also contact our Customer Services department to speak to an agent directly by calling 0844 499 5555. Find out about other ways to contact us at http://myaolbroadband.co.uk/talkfaqs.
5. Charges and Payment
5.1 You will be charged for the AOL Talk Service in accordance with the charges for your chosen price plan. Charges for the AOL Talk Service will be debited to your Billing Account on your Billing Date in accordance with the provisions of the AOL Access Agreement http://myaolbroadband.co.uk/talkfaqs.
5.2 You agree that:
5.2.1 any use of the AOL Talk Service to make calls using the Phone Line is with your permission; and
5.2.2 you will be charged, and you remain responsible for payment of any charges arising from use of the AOL Talk Service prior to its removal from the Phone Line on termination of this AOL Talk Agreement.
5.3 Depending on the price plan you have chosen for AOL Talk, you may be charged:
5.3.1 a fixed monthly subscription charge (the "Subscription Charge"). The Subscription Charge will be charged monthly in advance, and a pro-rata sum will be charged in arrears on your first Billing Date to cover the period from the activation of the Service to that date; and/or
5.3.2 a variable monthly charge for the telephone calls you make using the Service (the "Call Charges"). The Call Charges will be charged monthly in arrears, and Call Charges are calculated in accordance with your price plan.
5.4 You may view your Call Charges and Subscription Charges online. Our systems may take a couple of days to update, so calls made close to your Billing Date may be not be charged to you until your next Billing Date. You are responsible for regularly checking accrued charges. If you have any questions please contact us using the details provided in clause 12.
5.5 We reserve the right to vary charges applicable to your price plan at any time. If such variation results in an increase (accrued decrease) in charges, we will notify you as follows:
5.5.1 in the case of an increase in Call Charges, by posting the changes or by sending an e-mail to your Contact Email Address (supplied to you at the time of registration) to confirm at least 21 days before such change takes effect; and/or
5.5.2 in the case of an increase in any Subscription Charge you may be paying, by posting the changes or by sending an e-mail to your main Contact Email Address at least 30 days before such change takes effect.
5.6 If you do not agree with any changes made under clause 5.5 above, you may terminate your Agreement with TPH for the Service by giving us notice in accordance with the provisions of the Access Agreement. Continued use of the AOL Talk Service following implementation of the new charges shall constitute your acceptance of all such changes.
5.7 Following notification of termination or suspension of the AOL Talk Service, however this arises, you will be responsible for payment of all Subscription Charges and Call Charges which accrue until the AOL Talk Service is removed from the Phone Line. We will contact you by post (to the address you provided in your application for the AOL Talk Service) and by e-mail (to your Contact Email Address) to confirm the expected date of removal of the AOL Talk Service from the Phone Line, and we will confirm by e-mail when this removal has taken effect. This date is approximate, and the date of final removal will depend on the provider to whom you are moving.
6. Your use of the AOL Talk Service
6.1 You shall only use the AOL Talk Service in accordance with this AOL Talk Agreement and our reasonable instructions which may be notified to you from time to time. You agree that the AOL Talk Service is designed and intended for residential customers use only, and not for business or commercial purposes. Any such use is therefore at your own risk. You must not resell or otherwise exploit the AOL Talk Service for commercial purposes without our prior agreement in writing.
6.2 We may terminate, restrict or suspend the Service:
6.2.1 where we reasonably believe it is being used for non-residential purposes or otherwise contrary to this AOL Talk Agreement;
6.2.2 where we reasonably believe that there has been fraudulent activity (for example, where our systems detect that an outgoing telephone call has lasted more than 8 hours).
6.3 You shall not use, nor allow any other(s) to use, the AOL Talk Service:
6.3.1 in a way that is in breach of this Agreement or our Privacy Policy;
6.3.2 for any fraudulent, improper or unlawful purpose;
6.3.3 to send a communication which is, or is intended to be, a hoax call or which is spiteful, indecent, defamatory, offensive, abusive, obscene or menacing;
6.3.4 to violate or infringe any rights of, or to cause unwarranted inconvenience or anxiety to, any other person; and
6.3.5 in any way that may damage or affect the operation or quality of the AOL Talk Service.
6.4 In order to protect you from fraud, we reserve the right to block access to specific number ranges if we suspect, or have reason to believe that such number ranges are being used for fraudulent activity.
7. Service Suspension or Unavailability
7.1 We may suspend the AOL Talk Service from time to time for operational reasons (such as fault repair, system maintenance or upgrade), because of an emergency, or because we are required to do so by the government, the emergency or security services or any other competent authority. This will not affect your ability to use any services provided to you by BT.
8. Your rights to terminate this AOL Talk Agreement
8.1 During a "cooling off" period
8.1.1 Once you have ordered the AOL Talk Service, you can cancel your order at any time up to 8pm on the tenth working day after the day you placed your order for the Service (the "Cooling Off Period"), unless we activate the AOL Talk Service before this. To do this, please call our Customer Services department on 0844 499 5555. If you have special requirements, please see http://myaolbroadband.co.uk/talkfaqs for alternative methods of contacting us. If you consider you have been incorrectly charged following cancellation, please contact us for assistance using the contact details set out in clause 12.2.
8.2 After the Cooling Off Period has ended
8.2.1 Following the end of the Cooling Off Period, whether this is by expiration of the period set out in 8.1.1above, or activation of the AOL Talk Service as set out in 8.1.1 above, you may terminate the AOL Talk Service, by calling our Customer Services department on 0844 499 5555, or by e-mail sent from your Contact Email Address to cancellations@aolbroadband.co.uk. You will need to provide your full name; the last four digits of the current payment method for your AOL Access Account; the answer to the Access Account Security Question if one has been created, and your day and evening contact numbers in order for us to be able to process your request. Alternatively, you may notify us in writing at AOL Talk Cancellations Department, CPW Broadband Services (Ireland) Ltd, IDA Business Park, Cork Road, Waterford, Ireland. Please remember to include the above details and your day and evening telephone number so that we may respond to you. Please see clause 10.1 for further details of what happens when this AOL Talk Agreement is terminated.
9. Our rights to terminate this Agreement
9.1 During the Cooling Off Period
9.1.1 We may terminate this AOL Talk Agreement at any time during the Cooling Off Period, unless the AOL Talk Service has been activated during the Cooling Off Period, and you will be notified via email or post, or telephone if we exercise this right. If we do this, then your order will be cancelled and your telephone service will continue as before.
9.2 After the Cooling Off Period has ended
In addition to our termination rights outlined under the terms of the Access Agreement, we can suspend, limit or end your AOL Talk Agreement in the circumstances listed below. Suspension or restriction of the AOL Talk Service will not affect your ability to make emergency (999) calls, to use any other services provided to you by BT, or to contact our Customer Services department for assistance using the contact details at http://myaolbroadband.co.uk/talkfaqs.
9.2.1 We may suspend, limit or (in any instance we reasonably consider sufficiently serious) terminate the AOL Talk Service in the following circumstances:
9.2.1.1 if the Phone Line is disconnected or suspended by BT or if you move from BT to another telephone provider. We will not refund any charges you have paid for any period that you are unable to use the AOL Talk Service as a result of the Phone Line being so affected;
9.2.1.2 if your agreement with us for the AOL Access internet service is terminated. We will notify you by post of such termination of the AOL Talk Service;
9.2.1.3 if we have been notified by BT that the AOL Talk Service to the Phone Line will be ceased, for example if you are moving house, or BT have been notified that you do not wish to continue with the AOL Talk Service.
10. What happens when this AOL Talk Agreement is terminated
10.1 Following the provision by us, or our receipt from you, of notice to terminate this AOL Talk Agreement:
10.1.1 it takes approximately 15 working days from receipt of your notice for the AOL Talk Service to be removed from the Phone Line and the termination to become effective. This time period is dependent on the alternate service provider you select. You will be contacted by post and e-mail to confirm the expected date of removal of the AOL Talk Service from the Phone Line, and we will confirm by e-mail when this has taken effect;
10.1.2 you are responsible for payment of all Subscription Charges and Call Charges (as are applicable to your chosen price plan) which accrue until the AOL Talk Service is removed from the Phone Line;
10.1.3 any usage of the Phone Line made after the AOL Talk Service has been removed will be charged by the new telephony provider. You remain responsible for payment of all such charges; and
10.1.4 unless you tell us otherwise, as provided under the AOL Access Agreement, your AOL Access Account will continue on your existing AOL Access Service price plan.
11. Governing Law and Jurisdiction
The contract between you and us comprised in the AOL Talk Agreement is entered into in Luxembourg. The laws of the England and Wales govern the AOL Talk Agreement and your subscription. You and we submit to the exclusive jurisdiction of the relevant UK court in relation to any dispute arising out of the AOL Talk Agreement or any use of the AOL Talk Service.
12.1 General Enquiries: If you have questions about the Agreement, or about your rights and responsibilities as an AOL Access customer, please contact us by email at payment@aolbroadband.co.uk.
12.2 You can contact our Customer Services Department by telephone at 0844 499 5555, email sent from your Contact Email Address to payment@aolbroadband.co.uk or letter to CPW Broadband Services (Ireland) Ltd, IDA Business Park, Cork Road, Waterford marked for the attention of Customer Services.
The Service is provided by TPH Services Sàrl, registered in Luxembourg under number B 122 040 with a corporate address at Green Office Park, Parc d' Activites Syrdall 6, L-5365 Munsbach, Grand Duchy of Luxembourg.